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| Public Act 103-0952
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| SB3207 Enrolled | LRB103 39313 SPS 69467 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by |
changing Section 2.09 and by adding Section 5.12 as follows:
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(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, except as provided for in Section 5.12, 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 |
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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 |
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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 |
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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 |
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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 |
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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. 103-153, eff. 6-30-23.)
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