103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1565
 
Introduced 2/8/2023, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Child Care Act of 1969. Provides that the term "day care center" does not include special activities programs, including recreation and programs offered by park districts to children who shall have attained the age of 3 years old if the program meets 5 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. Effective immediately.



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A BILL FOR
 


SB1565LRB103 05263 AMQ 50281 b



1 AN ACT concerning regulation.


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

3represented in the General Assembly:



4 Section 5. The Child Care Act of 1969 is amended by 
5changing Section 2.09 as follows:




6 (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)



7 Sec. 2.09. 
"Day care center" means any child care facility 
8which regularly
provides day care for less than 24 hours per 
9day for (1) more than 8 children
in a family home, or (2) more 
10than 3 children in a facility other than a
family home, 
11including senior citizen buildings. 
12 The term does not include:

13  (a)
programs operated by (i) public or private 
14 elementary school systems or
secondary level school units 
15 or institutions of higher learning that
serve children who 
16 shall have attained the age of 3 years or (ii) private

17 entities on the grounds of public or private elementary or

18 secondary schools and that serve children who have 
19 attained the age of 3
years, except that this exception 
20 applies only to the facility and not to the
private 
21 entities' personnel operating the program;

22  (b)
programs
or that portion of the program which 
23 serves children who shall have attained
the age of 3 years 
 
 
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1 and which are recognized by the State Board of Education;

2  (c) educational program or programs serving children 
3 who shall have attained
the age of 3 years and which are 
4 operated by a school which is registered
with the State 
5 Board of Education and which is recognized or accredited

6 by a recognized national or multistate
educational 
7 organization or association which regularly recognizes or 
8 accredits
schools; 
9  (d) programs which exclusively serve or that portion 
10 of the
program which serves children with disabilities who 
11 shall have attained the age
of 3 years but are less than 21 
12 years of age and which are registered and
approved as 
13 meeting standards of the State Board of Education and

14 applicable fire marshal standards; 
15  (e) facilities operated in connection
with a shopping 
16 center or service, religious services, or other similar

17 facility, where transient children are cared for 
18 temporarily while parents
or custodians of the children 
19 are occupied on the premises and readily
available; 
20  (f) any type of day care center that is
conducted on 
21 federal government premises; 
22  (g) special activities
programs, including athletics, 
23 recreation, crafts instruction, and similar activities

24 conducted on an organized and periodic basis by civic, 
25 charitable and
governmental organizations, including, but 
26 not limited to, programs offered by park districts to 
 
 
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1 children who shall have attained the age of 3 years old if 
2 the program meets 5 hours at a time or less and no more 
3 than 25 hours during any week, and the park district 
4 conducts background investigations on employees of the 
5 program pursuant to Section 8-23 of the Park District 
6 Code; 
7  (h) part day child care facilities, as
defined in 
8 Section 2.10 of this Act; 
9  (i) programs or that portion of
the program which: 
10   (1) serves children who shall have attained the 
11 age of
3 years; 
12   (2) is operated by churches or religious 
13 institutions as described
in Section 501(c)(3) of the 
14 federal Internal Revenue Code; 
15   (3) receives
no governmental aid; 
16   (4) is operated as a component of a religious, 
17 nonprofit
elementary school; 
18   (5) operates primarily to provide religious 
19 education;
and 
20   (6) meets appropriate State or local health and 
21 fire safety standards; or 
22  (j) programs or portions of programs that: 
23   (1) serve only school-age children and youth 
24 (defined as full-time kindergarten children, as 
25 defined in 89 Ill. Adm. Code 407.45, or older); 
26   (2) are organized to promote childhood learning, 
 
 
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1 child and youth development, educational or 
2 recreational activities, or character-building; 
3   (3) operate primarily during out-of-school time or 
4 at times when school is not normally in session; 
5   (4) comply with the standards of the Illinois 
6 Department of Public Health (77 Ill. Adm. Code 750) or 
7 the local health department, the Illinois State Fire 
8 Marshal (41 Ill. Adm. Code 100), and the following 
9 additional health and safety requirements: procedures 
10 for employee and volunteer emergency preparedness and 
11 practice drills; procedures to ensure that first aid 
12 kits are maintained and ready to use; the placement of 
13 a minimum level of liability insurance as determined 
14 by the Department; procedures for the availability of 
15 a working telephone that is onsite and accessible at 
16 all times; procedures to ensure that emergency phone 
17 numbers are posted onsite; and a restriction on 
18 handgun or weapon possession onsite, except if 
19 possessed by a peace officer; 
20   (5) perform and maintain authorization and results 
21 of criminal history checks through the Illinois State 
22 Police and FBI and checks of the Illinois Sex Offender 
23 Registry, the National Sex Offender Registry, and 
24 Child Abuse and Neglect Tracking System for employees 
25 and volunteers who work directly with children; 
26   (6) make hiring decisions in accordance with the 
 
 
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1 prohibitions against barrier crimes as specified in 
2 Section 4.2 of this Act or in Section 21B-80 of the 
3 School Code; 
4   (7) provide parents with written disclosure that 
5 the operations of the program are not regulated by 
6 licensing requirements; and 
7   (8) obtain and maintain records showing the first 
8 and last name and date of birth of the child, name, 
9 address, and telephone number of each parent, 
10 emergency contact information, and written 
11 authorization for medical care.
12 Programs or portions of programs requesting Child Care 
13Assistance Program (CCAP) funding and otherwise meeting the 
14requirements under item (j) shall request exemption from the 
15Department and be determined exempt prior to receiving funding 
16and must annually meet the eligibility requirements and be 
17appropriate for payment under the CCAP.
18 Programs or portions of programs under item (j) that do 
19not receive State or federal funds must comply with staff 
20qualification and training standards established by rule by 
21the Department of Human Services. The Department of Human 
22Services shall set such standards after review of Afterschool 
23for Children and Teens Now (ACT Now) evidence-based quality 
24standards developed for school-age out-of-school time 
25programs, feedback from the school-age out-of-school time 
26program professionals, and review of out-of-school time 
 
 
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1professional development frameworks and quality tools.
2 Out-of-school time programs for school-age youth that 
3receive State or federal funds must comply with only those 
4staff qualifications and training standards set for the 
5program by the State or federal entity issuing the funds. 

6 For purposes of items (a), (b), (c), (d), and (i) of this 
7Section,
"children who shall have attained the age of 3 years" 
8shall mean children
who are 3 years of age, but less than 4 
9years of age, at the time of
enrollment in the program.

10(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; 
11100-201, eff. 8-18-17.)



12 Section 99. Effective date. This Act takes effect upon 
13becoming law.