Bill Text: IL HB3439 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Joyce Mason [HB3439 Detail]

Download: Illinois-2025-HB3439-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3439 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
225 ILCS 10/4.1 from Ch. 23, par. 2214.1
225 ILCS 10/5 from Ch. 23, par. 2215
225 ILCS 10/5.01
225 ILCS 10/7.10
225 ILCS 10/9.1c
325 ILCS 50/5 from Ch. 23, par. 2285
Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.
LRB104 08884 AAS 18939 b
A BILL FOR
HB3439 LRB104 08884 AAS 18939 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 Sections 4.1, 5, 5.01, 7.10 and 9.1c as follows:
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
(Text of Section before amendment by P.A. 103-594)
Sec. 4.1. Criminal background investigations. The
Department shall require that each child care facility license
applicant as part of the application process, and each
employee and volunteer of a child care facility or
non-licensed service provider, as a condition of employment,
authorize an investigation every 5 years, as required under
the Child Care and Development Block Grant, to determine if
such applicant, employee, or volunteer has ever been charged
with a crime and if so, the disposition of those charges; this
authorization shall indicate the scope of the inquiry and the
agencies which may be contacted. Upon this authorization, the
Director shall request and receive information and assistance
from any federal, State or local governmental agency as part
of the authorized investigation. Each applicant, employee, or
volunteer of a child care facility or non-licensed service
provider shall submit the applicant's, employee's, or

HB3439 - 2 - LRB104 08884 AAS 18939 b
volunteer's fingerprints to the Illinois State Police in the
form and manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed,
against an applicant, employee, or volunteer of a child care
facility or non-licensed service provider upon request of the
Department of Children and Family Services when the request is
made in the form and manner required by the Illinois State
Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department on the
application. State conviction information provided by the
Illinois State Police regarding employees, prospective

HB3439 - 3 - LRB104 08884 AAS 18939 b
employees, or volunteers of non-licensed service providers and
child care facilities licensed under this Act shall be
provided to the operator of such facility, and, upon request,
to the employee, prospective employee, or volunteer of a child
care facility or non-licensed service provider. Any
information concerning criminal charges and the disposition of
such charges obtained by the Department shall be confidential
and may not be transmitted outside the Department, except as
required herein, and may not be transmitted to anyone within
the Department except as needed for the purpose of evaluating
an application or an employee or volunteer of a child care
facility or non-licensed service provider. Only information
and standards which bear a reasonable and rational relation to
the performance of a child care facility shall be used by the
Department or any licensee. Any employee of the Department of
Children and Family Services, Illinois State Police, or a
child care facility receiving confidential information under
this Section who gives or causes to be given any confidential
information concerning any criminal convictions of an
applicant, employee, or volunteer of a child care facility or
non-licensed service provider, shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section.
The Department of Children and Family Services or the
Department of Early Childhood shall allow day care centers,
day care homes, and group day care homes to A child care

HB3439 - 4 - LRB104 08884 AAS 18939 b
facility may hire, on a probationary basis, any employee or
volunteer of a child care facility or non-licensed service
provider authorizing a criminal background investigation under
this Section, after completing either: pending the result of
such investigation
(1) the Federal Bureau of Investigation fingerprint
criminal background check; or
(2) the Illinois State Police fingerprint criminal
background check and a criminal record check of the
criminal repository of each state in which the employee or
volunteer resided during the preceding 5 years.
Pending completion of all background check requirements,
the prospective employee or volunteer must be supervised at
all times by an individual who received a qualifying result on
all background check components. Employees and volunteers of a
day care center, day care home, or group day care home child
care facility or non-licensed service provider shall be
notified prior to hiring that such employment may be
terminated on the basis of criminal background information
obtained by the facility.
No later than July 1, 2026, the Department of Early
Childhood shall establish a secure background check portal
that is accessible, at minimum, to applicants, child care
staff, human resources representatives, and day care licensing
representatives and that has the following capabilities:
(1) allows individuals to fill out all background

HB3439 - 5 - LRB104 08884 AAS 18939 b
check authorization forms online and upload and submit all
documents deemed necessary by the Department of Early
Childhood;
(2) allows necessary parties to provide electronic
signatures on any background check documents;
(3) allows individuals to check the status of the
background checks;
(4) notifies the appropriate individual if information
or documents are missing;
(5) includes a search feature that allows necessary
parties to view if an applicant's background check
clearance has been issued within the past 5 years or if the
background check has expired;
(6) allows necessary parties to view and print any
background check clearance letters;
(7) allows a background check clearance letter to be
tied to more than one license number; and
(8) allows applicants to upload a background check
clearance letter, if the applicant has lived in another
state within the past 5 years, to satisfy the requirement
for an interstate background check.
The Department of Early Childhood shall also publicize
a contact number for its background check unit that allows
interested parties to inquire about background checks.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)

HB3439 - 6 - LRB104 08884 AAS 18939 b
(Text of Section after amendment by P.A. 103-594)
Sec. 4.1. Criminal background investigations. The
Department of Children and Family Services or the Department
of Early Childhood shall require that each child care facility
license applicant under the agencies' respective authority as
part of the application process, and each employee and
volunteer of a child care facility or non-licensed service
provider, as a condition of employment, authorize an
investigation every 5 years, as required under the Child Care
and Development Block Grant, to determine if such applicant,
employee, or volunteer has ever been charged with a crime and
if so, the disposition of those charges; this authorization
shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization, the Director shall
request and receive information and assistance from any
federal, State or local governmental agency as part of the
authorized investigation. Each applicant, employee, or
volunteer of a child care facility or non-licensed service
provider shall submit the applicant's, employee's, or
volunteer's fingerprints to the Illinois State Police in the
form and manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be

HB3439 - 7 - LRB104 08884 AAS 18939 b
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed,
against an applicant, employee, or volunteer of a child care
facility or non-licensed service provider upon request of the
Department of Children and Family Services or the Department
of Early Childhood when the request is made in the form and
manner required by the Illinois State Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department of Children
and Family Services or the Department of Early Childhood under
the agencies' respective authority on the application. State
conviction information provided by the Illinois State Police
regarding employees, prospective employees, or volunteers of
non-licensed service providers and child care facilities
licensed under this Act shall be provided to the operator of
such facility, and, upon request, to the employee, prospective
employee, or volunteer of a child care facility or
non-licensed service provider. Any information concerning

HB3439 - 8 - LRB104 08884 AAS 18939 b
criminal charges and the disposition of such charges obtained
by the Department of Children and Family Services or the
Department of Early Childhood shall be confidential and may
not be transmitted outside the Department of Children and
Family Services or the Department of Early Childhood, except
as required herein, and may not be transmitted to anyone
within the Department of Children and Family Services or the
Department of Early Childhood except as needed for the purpose
of evaluating an application or an employee or volunteer of a
child care facility or non-licensed service provider. Only
information and standards which bear a reasonable and rational
relation to the performance of a child care facility shall be
used by the Department of Children and Family Services or the
Department of Early Childhood or any licensee. Any employee of
the Department of Children and Family Services, Department of
Early Childhood, Illinois State Police, or a child care
facility receiving confidential information under this Section
who gives or causes to be given any confidential information
concerning any criminal convictions of an applicant, employee,
or volunteer of a child care facility or non-licensed service
provider, shall be guilty of a Class A misdemeanor unless
release of such information is authorized by this Section.
The Department of Children and Family Services or the
Department of Early Childhood shall allow day care centers,
day care homes, and group day care homes to A child care
facility may hire, on a probationary basis, any employee or

HB3439 - 9 - LRB104 08884 AAS 18939 b
volunteer of a child care facility or non-licensed service
provider authorizing a criminal background investigation under
this Section, after completing either: pending the result of
such investigation
(1) the Federal Bureau of Investigation fingerprint
criminal background check; or
(2) the Illinois State Police fingerprint criminal
background check and a criminal record check of the
criminal repository of each state in which the employee or
volunteer resided during the preceding 5 years.
Pending completion of all background check requirements,
the prospective employee or volunteer must be supervised at
all times by an individual who received a qualifying result on
all background check components. Employees and volunteers of a
day care center, day care home, or group day care home child
care facility or non-licensed service provider shall be
notified prior to hiring that such employment may be
terminated on the basis of criminal background information
obtained by the facility.
No later than July 1, 2026, the Department of Early
Childhood shall establish a secure background check portal
that is accessible, at minimum, to applicants, child care
staff, human resources representatives, and day care licensing
representatives and that has the following capabilities:
(1) allows individuals to fill out all background
check authorization forms online and upload and submit all

HB3439 - 10 - LRB104 08884 AAS 18939 b
documents deemed necessary by the Department of Early
Childhood;
(2) allows necessary parties to provide electronic
signatures on any background check documents;
(3) allows individuals to check the status of the
background checks;
(4) notifies the appropriate individual if information
or documents are missing;
(5) includes a search feature that allows necessary
parties to view if an applicant's background check
clearance has been issued within the past 5 years or if the
background check has expired;
(6) allows necessary parties to view and print any
background check clearance letters;
(7) allows a background check clearance letter to be
tied to more than one license number; and
(8) allows applicants to upload a background check
clearance letter, if the applicant has lived in another
state within the past 5 years, to satisfy the requirement
for an interstate background check.
The Department of Early Childhood shall also publicize
a contact number for its background check unit that allows
interested parties to inquire about background checks.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-594, eff. 7-1-26.)

HB3439 - 11 - LRB104 08884 AAS 18939 b
(225 ILCS 10/5) (from Ch. 23, par. 2215)
(Text of Section before amendment by P.A. 103-594)
Sec. 5. (a) In respect to child care institutions,
maternity centers, child welfare agencies, day care centers,
day care agencies and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved
by the Department to place children in this State. In respect
to day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives, as defined in Section 2.17 of this Act,
responsible for the care of related children therein, were
found to be in reasonable compliance with standards prescribed
by the Department for the type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with

HB3439 - 12 - LRB104 08884 AAS 18939 b
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care
homes, and group day care homes, licenses shall be issued in
such form and manner as prescribed by the Department and are
valid for 4 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and
group day care homes shall be valid for 5 years 3 years from
the date issued, unless revoked by the Department or
voluntarily surrendered by the licensee. When a licensee has
made timely and sufficient application for the renewal of a
license or a new license with reference to any activity of a
continuing nature, the existing license shall continue in full
force and effect for up to 30 days until the final agency
decision on the application has been made. The Department may
further extend the period in which such decision must be made
in individual cases for up to 30 days, but such extensions
shall be only upon good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care
home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a
child care facility taking in children as a result of the

HB3439 - 13 - LRB104 08884 AAS 18939 b
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were
employees of the temporarily closed day care center at the
time it was closed. No investigation of an employee of a child
care facility receiving an emergency permit under this
subsection shall be required if that employee has previously
been investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that
recommended licensure.
(i) Full monitoring and inspection reports, along with any
corrective actions taken by the provider, shall be posted in
plain language within 30 days after the creation of the report
on the Department's consumer education website.
(Source: P.A. 98-804, eff. 1-1-15.)

HB3439 - 14 - LRB104 08884 AAS 18939 b
(Text of Section after amendment by P.A. 103-594)
Sec. 5. (a) This Section does not apply to any day care
center, day care home, or group day care home.
In respect to child care institutions, maternity centers,
child welfare agencies, and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family homes, applications may be
filed on behalf of such homes by a licensed child welfare
agency, by a State agency authorized to place children in
foster care or by out-of-State agencies approved by the
Department to place children in this State. In applying for
license in behalf of a home in which children are placed by and
remain under supervision of the applicant agency, such agency
shall certify that the home and persons responsible for care
of unrelated children therein, or the home and relatives, as
defined in Section 2.17 of this Act, responsible for the care
of related children therein, were found to be in reasonable
compliance with standards prescribed by the Department for the
type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.

HB3439 - 15 - LRB104 08884 AAS 18939 b
(d) Licenses shall be issued in such form and manner as
prescribed by the Department and are valid for 4 years from the
date issued, unless revoked by the Department or voluntarily
surrendered by the licensee. When a licensee has made timely
and sufficient application for the renewal of a license or a
new license with reference to any activity of a continuing
nature, the existing license shall continue in full force and
effect for up to 30 days until the final agency decision on the
application has been made. The Department may further extend
the period in which such decision must be made in individual
cases for up to 30 days, but such extensions shall be only upon
good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, the
Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a
child care facility taking in children as a result of the
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were
employees of the temporarily closed facility at the time it
was closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection

HB3439 - 16 - LRB104 08884 AAS 18939 b
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) (Blank).
(Source: P.A. 103-594, eff. 7-1-26.)
(225 ILCS 10/5.01)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5.01. Licenses; permits; Department of Early
Childhood.
(a) In respect to day care centers, the Department of
Early Childhood, upon receiving application filed in proper
order, shall examine the facilities and persons responsible
for care of children therein.
(b) In respect to day care homes, applications may be
filed on behalf of such homes by the Department of Early
Childhood.
(c) The Department of Early Childhood shall not allow any
person to examine facilities under a provision of this Act who

HB3439 - 17 - LRB104 08884 AAS 18939 b
has not passed an examination demonstrating that such person
is familiar with this Act and with the appropriate standards
and regulations of the Department of Early Childhood.
(d) Licenses issued for day care centers, day care homes,
and group day care homes shall be valid for 5 years 3 years
from the date issued, unless revoked by the Department of
Early Childhood or voluntarily surrendered by the licensee.
When a licensee has made timely and sufficient application for
the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall
continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department of Early Childhood may further extend the period in
which such decision must be made in individual cases for up to
30 days, but such extensions shall be only upon good cause
shown.
(e) The Department of Early Childhood may issue one
6-month permit to a newly established facility for child care
to allow that facility reasonable time to become eligible for
a full license. If the facility for child care is a day care
home the Department of Early Childhood may issue one 2-month
permit only.
(f) The Department of Early Childhood may issue an
emergency permit to a day care center taking in children as a
result of the temporary closure for more than 2 weeks of a
licensed child care facility due to a natural disaster. An

HB3439 - 18 - LRB104 08884 AAS 18939 b
emergency permit under this subsection shall be issued to a
facility only if the persons providing child care services at
the facility were employees of the temporarily closed day care
center at the time it was closed. No investigation of an
employee of a child care facility receiving an emergency
permit under this subsection shall be required if that
employee has previously been investigated at another child
care facility. No emergency permit issued under this
subsection shall be valid for more than 90 days after the date
of issuance.
(g) During the hours of operation of any licensed day care
center, day care home, or group day care home, authorized
representatives of the Department of Early Childhood may
without notice visit the facility for the purpose of
determining its continuing compliance with this Act or rules
adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department of Early Childhood that
recommended licensure.
(i) Full monitoring and inspection reports, along with any
corrective actions taken by the provider, shall be posted in
plain language within 30 days after the creation of the report
on the Department of Early Childhood's consumer education
website.
(Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)

HB3439 - 19 - LRB104 08884 AAS 18939 b
(225 ILCS 10/7.10)
(Text of Section before amendment by P.A. 103-594)
Sec. 7.10. Licensing orientation program and progress
report.
(a) For the purposes of this Section, "child day care
licensing" or "day care licensing" means licensing of day care
centers, day care homes, and group day care homes.
(a-5) In addition to current day care daycare training and
subject to appropriations, the Department or any State agency
that assumes day care center licensing responsibilities shall
host licensing orientation programs to help educate potential
day care center, day care home, and group day care home
providers about the child day care licensing process. The
programs shall be made available in person and virtually. The
Department or its successor shall offer to host licensing
orientation programs at least twice annually in each
Representative District in the State. Additionally, if one or
more persons request that a program be offered in a language
other than English, then the Department or its successor must
accommodate the request.
(b) No later than September 30th of each year, the
Department shall provide the General Assembly with a
comprehensive report on its progress in meeting performance
measures and goals related to child day care licensing.
(c) The report shall include:

HB3439 - 20 - LRB104 08884 AAS 18939 b
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of day care
licensing representatives and day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;
(3) data history for fiscal year 2010 to the current
fiscal year on day care licensing representative caseloads
and staffing levels in all areas of the State;
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:
(A) the number and percentage of new applications
disposed of within 90 days;

HB3439 - 21 - LRB104 08884 AAS 18939 b
(B) the percentage of licenses renewed on time;
(C) the percentage of day care centers receiving
timely annual monitoring visits;
(D) the percentage of day care homes receiving
timely annual monitoring visits;
(E) the percentage of group day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of
within 30 days;
(I) the average number of days a day care center
applicant must wait to attend a licensing orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and
(K) the number of Department trainings related to
licensing and child development available to providers
in the past year; and
(5) efforts to coordinate with the Department of Human
Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality
Rating and Improvement Systems (QRIS); and .
(6) details regarding the processing of background

HB3439 - 22 - LRB104 08884 AAS 18939 b
checks, including the average number of days it takes for
the background check unit to complete a series of
background checks and issue a background check clearance
required under the Child Care and Development Block Grant.
(d) The Department shall work with the Governor's
appointed Early Learning Council on issues related to and
concerning child day care.
(Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)
(Text of Section after amendment by P.A. 103-594)
Sec. 7.10. Licensing orientation program and progress
report.
(a) For the purposes of this Section, "child day care
licensing" or "day care licensing" means licensing of day care
centers, day care homes, and group day care homes.
(a-5) In addition to current day care daycare training and
subject to appropriations, the Department or any State agency
that assumes day care center licensing responsibilities shall
host licensing orientation programs to help educate potential
day care center, day care home, and group day care home
providers about the child day care licensing process. The
programs shall be made available in person and virtually. The
Department or its successor shall offer to host licensing
orientation programs at least twice annually in each
Representative District in the State. Additionally, if one or
more persons request that a program be offered in a language

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other than English, then the Department or its successor must
accommodate the request.
(b) No later than September 30th of each year, the
Department of Early Childhood shall provide the General
Assembly with a comprehensive report on its progress in
meeting performance measures and goals related to child day
care licensing.
(c) The report shall include:
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of day care
licensing representatives and day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;

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(3) data history for fiscal year 2010 to the current
fiscal year on day care licensing representative caseloads
and staffing levels in all areas of the State;
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:
(A) the number and percentage of new applications
disposed of within 90 days;
(B) the percentage of licenses renewed on time;
(C) the percentage of day care centers receiving
timely annual monitoring visits;
(D) the percentage of day care homes receiving
timely annual monitoring visits;
(E) the percentage of group day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of
within 30 days;
(I) the average number of days a day care center
applicant must wait to attend a licensing orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and
(K) the number of Department of Early Childhood

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trainings related to licensing and child development
available to providers in the past year; and
(5) efforts to coordinate with the Department of Human
Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality
Rating and Improvement Systems (QRIS); and .
(6) details regarding the processing of background
checks, including the average number of days it takes for
the background check unit to complete a series of
background checks and issue a background check clearance
required under the Child Care and Development Block Grant.
(d) The Department of Early Childhood shall work with the
Governor's appointed Early Learning Council on issues related
to and concerning child day care.
(Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;
revised 11-26-24.)
(225 ILCS 10/9.1c)
(Text of Section before amendment by P.A. 103-594)
Sec. 9.1c. Public database of day care homes, group day
care homes, and day care centers; license status. No later
than July 1, 2018, the Department shall establish and maintain
on its official website a searchable database, freely
accessible to the public, that provides the following
information on each day care home, group day care home, and day

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care center licensed by the Department: whether, within the
past 5 years, the day care home, group day care home, or day
care center has had its license revoked by or surrendered to
the Department during a child abuse or neglect investigation
or its application for a renewal of its license was denied by
the Department, and, if so, the dates upon which the license
was revoked by or surrendered to the Department or the
application for a renewal of the license was denied by the
Department. The Department may adopt any rules necessary to
implement this Section. Nothing in this Section shall be
construed to allow or authorize the Department to release or
disclose any information that is prohibited from public
disclosure under this Act or under any other State or federal
law.
(Source: P.A. 100-52, eff. 1-1-18.)
(Text of Section after amendment by P.A. 103-594)
Sec. 9.1c. Public consumer education website database of
day care homes, group day care homes, and day care centers;
license status. By July 1, 2026, the The Department of Early
Childhood shall establish and maintain on its official
consumer education website the following information, which
shall be freely accessible to day care homes, group day care
homes, and day care centers licensed by the Department,
parents, providers, and the public:
(a) A a searchable database, freely accessible to the

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public, that provides the following information on each day
care home, group day care home, and day care center licensed by
the Department of Early Childhood: whether, within the past 5
years, the day care home, group day care home, or day care
center has had its license revoked by or surrendered to the
Department of Children and Family Services or the Department
of Early Childhood during a child abuse or neglect
investigation or its application for a renewal of its license
was denied by the Department of Children and Family Services
or the Department of Early Childhood, and, if so, the dates
upon which the license was revoked by or surrendered to the
Department of Children and Family Services or the Department
of Early Childhood or the application for a renewal of the
license was denied by the Department of Children and Family
Services or the Department of Early Childhood.
(b) A central repository for the initial licensing
application materials and renewal forms, as well as any other
licensing information, including, but not limited to,
guidance, rules, policy, standards, and statutes. The website
must be updated immediately upon any changes to licensing
guidance, rules, policy, or statute and valid weblinks must be
provided. All materials and changes to licensing guidance,
rules, policy, or statute shall be translated into additional
languages, including, but not limited to, Spanish, Polish, and
Arabic.
(c) Forum, town hall, and public meeting information shall

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be on the Department's official consumer education website in,
at minimum, 14 days in advance of the forum, town hall, or
public meeting. The Department shall host statewide virtual
forums or town halls on, at minimum, a quarterly basis, with
the purpose of updating day care providers on changes to
licensing policies and procedures and allowing day care
providers to ask questions. If one or more persons request
that a forum or town hall be offered in a language other than
English, then the Department shall accommodate the request.
(d) If the Department submits proposed or emergency
rulemaking to the Joint Committee on Administrative Rules, the
Department shall hold, at minimum, 2 statewide virtual forums
or town halls to explain the rulemaking changes, gather
feedback, and inform the public of the process to submit
written comments. The forums or town halls shall be held
within 2 weeks of the rulemaking's publication in the Illinois
Register. If one or more persons request that a forum or town
hall be offered in a language other than English, then the
Department shall accommodate the request.
The Department of Early Childhood may adopt any rules
necessary to implement this Section. Nothing in this Section
shall be construed to allow or authorize the Department of
Early Childhood to release or disclose any information that is
prohibited from public disclosure under this Act or under any
other State or federal law.
(Source: P.A. 103-594, eff. 7-1-26.)

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Section 10. The Missing Children Records Act is amended by
changing Section 5 as follows:
(325 ILCS 50/5) (from Ch. 23, par. 2285)
Sec. 5. Duties of school or other entity.
(a) Upon notification by the Illinois State Police of a
person's disappearance, a school, preschool educational
program, child care facility, or day care home or group day
care home in which the person is currently or was previously
enrolled shall flag the record of that person in such a manner
that whenever a copy of or information regarding the record is
requested, the school or other entity shall be alerted to the
fact that the record is that of a missing person. The school or
other entity shall immediately report to the Illinois State
Police any request concerning flagged records or knowledge as
to the whereabouts of any missing person. Upon notification by
the Illinois State Police that the missing person has been
recovered, the school or other entity shall remove the flag
from the person's record.
(b) (1) For every child enrolled in a particular
elementary or secondary school, public or private preschool
educational program, public or private child care facility
licensed under the Child Care Act of 1969, or day care home or
group day care home licensed under the Child Care Act of 1969,
that school or other entity shall notify in writing the person

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enrolling the child that within 30 days he must provide either
(i) a certified copy of the child's birth certificate or (ii)
other reliable proof, as determined by the Illinois State
Police, of the child's identity and age and an affidavit
explaining the inability to produce a copy of the birth
certificate. Other reliable proof of the child's identity and
age shall include a passport, visa or other governmental
documentation of the child's identity. By September 30, 2025,
the Illinois State Police shall publish a list of acceptable
governmental documentation that provides satisfactory proof of
the child's identity and age. A grace period of up to 90
calendar days after the first date of attendance should be
allowed for the person enrolling the child to provide any
other reliable documentation that has been identified. When
the person enrolling the child provides the school or other
entity with a certified copy of the child's birth certificate
or other reliable documentation of the child's identity and
age, the school or other entity shall promptly make a copy of
the certified copy or other reliable documentation for its
records and return the original certified copy or other
reliable documentation to the person enrolling the child. Once
a school or other entity has been provided with a certified
copy of a child's birth certificate as required under item (i)
of this subdivision (b)(1), the school or other entity need
not request another such certified copy with respect to that
child for any other year in which the child is enrolled in that

HB3439 - 31 - LRB104 08884 AAS 18939 b
school or other entity.
(2) Upon the failure of a person enrolling a child to
comply with subsection (b) (1), the school or other entity
shall immediately notify the Illinois State Police or local
law enforcement agency of such failure, and shall notify the
person enrolling the child in writing that he has 10
additional days to comply.
(3) The school or other entity shall immediately report to
the Illinois State Police any affidavit received pursuant to
this subsection which appears inaccurate or suspicious in form
or content.
(c) Within 14 days after enrolling a transfer student, the
elementary or secondary school shall request directly from the
student's previous school a certified copy of his record. The
requesting school shall exercise due diligence in obtaining
the copy of the record requested. Any elementary or secondary
school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt
of the request unless the record has been flagged pursuant to
subsection (a), in which case the copy shall not be forwarded
and the requested school shall notify the Illinois State
Police or local law enforcement authority of the request.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text

HB3439 - 32 - LRB104 08884 AAS 18939 b
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
Public Act.