|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4406 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
|
| 225 ILCS 10/7 | from Ch. 23, par. 2217 |
|
Amends the Child Care Act of 1969. Provides that the licensing standards for day care centers and day care homes shall include a requirement that such facilities adopt policies regarding immunizations for day care staff, and that the most current recommendations of the Advisory Committee on Immunization Practices may be used as a guideline in adopting such policies. Further provides that the licensing standards shall include exemptions for day care staff who object to immunization on religious grounds or for clinical reasons. Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | HB4406 | | LRB098 17476 ZMM 52581 b |
|
|
| 1 | | AN ACT concerning regulation.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Child Care Act of 1969 is amended by |
| 5 | | changing Section 7 as follows:
|
| 6 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
|
| 7 | | Sec. 7. (a) The Department must prescribe and publish |
| 8 | | minimum standards
for licensing that apply to the various types |
| 9 | | of facilities for child care
defined in this Act and that are |
| 10 | | equally applicable to like institutions
under the control of |
| 11 | | the Department and to foster family homes used by and
under the |
| 12 | | direct supervision of the Department. The Department shall seek
|
| 13 | | the advice and assistance of persons representative of the |
| 14 | | various types of
child care facilities in establishing such |
| 15 | | standards. The standards
prescribed and published under this |
| 16 | | Act take effect as provided in the
Illinois Administrative |
| 17 | | Procedure Act, and are restricted to
regulations pertaining to |
| 18 | | the following matters and to any rules and regulations required |
| 19 | | or permitted by any other Section of this Act:
|
| 20 | | (1) The operation and conduct of the facility and |
| 21 | | responsibility it
assumes for child care;
|
| 22 | | (2) The character, suitability and qualifications of |
| 23 | | the applicant and
other persons directly responsible for |
|
| | HB4406 | - 2 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | the care and welfare of children
served. All child day care |
| 2 | | center licensees and employees who are required
to
report |
| 3 | | child abuse or neglect under the Abused and Neglected Child |
| 4 | | Reporting
Act shall be required to attend training on |
| 5 | | recognizing child abuse and
neglect, as prescribed by |
| 6 | | Department rules;
|
| 7 | | (3) The general financial ability and competence of the |
| 8 | | applicant to
provide necessary care for children and to |
| 9 | | maintain prescribed standards;
|
| 10 | | (4) The number of individuals or staff required to |
| 11 | | insure adequate
supervision and care of the children |
| 12 | | received. The standards shall provide
that each child care |
| 13 | | institution, maternity center, day care center,
group |
| 14 | | home, day care home, and group day care home shall have on |
| 15 | | its
premises during its hours of operation at
least one |
| 16 | | staff member certified in first aid, in the Heimlich |
| 17 | | maneuver and
in cardiopulmonary resuscitation by the |
| 18 | | American Red Cross or other
organization approved by rule |
| 19 | | of the Department. Child welfare agencies
shall not be |
| 20 | | subject to such a staffing requirement. The Department may
|
| 21 | | offer, or arrange for the offering, on a periodic basis in |
| 22 | | each community
in this State in cooperation with the |
| 23 | | American Red Cross, the American
Heart Association or other |
| 24 | | appropriate organization, voluntary programs to
train |
| 25 | | operators of foster family homes and day care homes in |
| 26 | | first aid and
cardiopulmonary resuscitation;
|
|
| | HB4406 | - 3 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | (5) The appropriateness, safety, cleanliness and |
| 2 | | general adequacy of the
premises, including maintenance of |
| 3 | | adequate fire prevention and health
standards conforming |
| 4 | | to State laws and municipal codes to provide for the
|
| 5 | | physical comfort, care and well-being of children |
| 6 | | received;
|
| 7 | | (6) Provisions for food, clothing, educational |
| 8 | | opportunities, program,
equipment and individual supplies |
| 9 | | to assure the healthy physical, mental
and spiritual |
| 10 | | development of children served;
|
| 11 | | (7) Provisions to safeguard the legal rights of |
| 12 | | children served;
|
| 13 | | (8) Maintenance of records pertaining to the |
| 14 | | admission, progress, health
and discharge of children, |
| 15 | | including, for day care centers and day care
homes, records |
| 16 | | indicating each child has been immunized as required by |
| 17 | | State
regulations. The Department shall require proof that |
| 18 | | children enrolled in
a facility have been immunized against |
| 19 | | Haemophilus Influenzae B (HIB);
|
| 20 | | (9) Filing of reports with the Department;
|
| 21 | | (10) Discipline of children;
|
| 22 | | (11) Protection and fostering of the particular
|
| 23 | | religious faith of the children served;
|
| 24 | | (12) Provisions prohibiting firearms on day care |
| 25 | | center premises
except in the possession of peace officers;
|
| 26 | | (13) Provisions prohibiting handguns on day care home |
|
| | HB4406 | - 4 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | premises except in
the possession of peace officers or |
| 2 | | other adults who must possess a handgun
as a condition of |
| 3 | | employment and who reside on the premises of a day care |
| 4 | | home;
|
| 5 | | (14) Provisions requiring that any firearm permitted |
| 6 | | on day care home
premises, except handguns in the |
| 7 | | possession of peace officers, shall be
kept in a |
| 8 | | disassembled state, without ammunition, in locked storage,
|
| 9 | | inaccessible to children and that ammunition permitted on |
| 10 | | day care home
premises shall be kept in locked storage |
| 11 | | separate from that of disassembled
firearms, inaccessible |
| 12 | | to children;
|
| 13 | | (15) Provisions requiring notification of parents or |
| 14 | | guardians enrolling
children at a day care home of the |
| 15 | | presence in the day care home of any
firearms and |
| 16 | | ammunition and of the arrangements for the separate, locked
|
| 17 | | storage of such firearms and ammunition; and
|
| 18 | | (16) Provisions requiring all licensed child care |
| 19 | | facility employees who care for newborns and infants to |
| 20 | | complete training every 3 years on the nature of sudden |
| 21 | | unexpected infant death (SUID), sudden infant death |
| 22 | | syndrome (SIDS), and the safe sleep recommendations of the |
| 23 | | American Academy of Pediatrics. |
| 24 | | (b) If, in a facility for general child care, there are |
| 25 | | children
diagnosed as mentally ill, intellectually disabled or |
| 26 | | physically handicapped, who
are determined to be in need of |
|
| | HB4406 | - 5 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | special mental treatment or of nursing
care, or both mental |
| 2 | | treatment and nursing care, the Department shall seek
the |
| 3 | | advice and recommendation of the Department of Human Services,
|
| 4 | | the Department of Public Health, or both
Departments regarding |
| 5 | | the residential treatment and nursing care provided
by the |
| 6 | | institution.
|
| 7 | | (c) The Department shall investigate any person applying to |
| 8 | | be
licensed as a foster parent to determine whether there is |
| 9 | | any evidence of
current drug or alcohol abuse in the |
| 10 | | prospective foster family. The
Department shall not license a |
| 11 | | person as a foster parent if drug or alcohol
abuse has been |
| 12 | | identified in the foster family or if a reasonable suspicion
of |
| 13 | | such abuse exists, except that the Department may grant a |
| 14 | | foster parent
license to an applicant identified with an |
| 15 | | alcohol or drug problem if the
applicant has successfully |
| 16 | | participated in an alcohol or drug treatment
program, self-help |
| 17 | | group, or other suitable activities.
|
| 18 | | (d) The Department, in applying standards prescribed and |
| 19 | | published, as
herein provided, shall offer consultation |
| 20 | | through employed staff or other
qualified persons to assist |
| 21 | | applicants and licensees in meeting and
maintaining minimum |
| 22 | | requirements for a license and to help them otherwise
to |
| 23 | | achieve programs of excellence related to the care of children |
| 24 | | served.
Such consultation shall include providing information |
| 25 | | concerning education
and training in early childhood |
| 26 | | development to providers of day care home
services. The |
|
| | HB4406 | - 6 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | Department may provide or arrange for such education and
|
| 2 | | training for those providers who request such assistance.
|
| 3 | | (e) The Department shall distribute copies of licensing
|
| 4 | | standards to all licensees and applicants for a license. Each |
| 5 | | licensee or
holder of a permit shall distribute copies of the |
| 6 | | appropriate licensing
standards and any other information |
| 7 | | required by the Department to child
care facilities under its |
| 8 | | supervision. Each licensee or holder of a permit
shall maintain |
| 9 | | appropriate documentation of the distribution of the
|
| 10 | | standards. Such documentation shall be part of the records of |
| 11 | | the facility
and subject to inspection by authorized |
| 12 | | representatives of the Department.
|
| 13 | | (f) The Department shall prepare summaries of day care |
| 14 | | licensing
standards. Each licensee or holder of a permit for a |
| 15 | | day care facility
shall distribute a copy of the appropriate |
| 16 | | summary and any other
information required by the Department, |
| 17 | | to the legal guardian of each child
cared for in that facility |
| 18 | | at the time when the child is enrolled or
initially placed in |
| 19 | | the facility. The licensee or holder of a permit for a
day care |
| 20 | | facility shall secure appropriate documentation of the
|
| 21 | | distribution of the summary and brochure. Such documentation |
| 22 | | shall be a
part of the records of the facility and subject to |
| 23 | | inspection by an
authorized representative of the Department.
|
| 24 | | (g) The Department shall distribute to each licensee and
|
| 25 | | holder of a permit copies of the licensing or permit standards |
| 26 | | applicable
to such person's facility. Each licensee or holder |
|
| | HB4406 | - 7 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | of a permit shall make
available by posting at all times in a |
| 2 | | common or otherwise accessible area
a complete and current set |
| 3 | | of licensing standards in order that all
employees of the |
| 4 | | facility may have unrestricted access to such standards.
All |
| 5 | | employees of the facility shall have reviewed the standards and |
| 6 | | any
subsequent changes. Each licensee or holder of a permit |
| 7 | | shall maintain
appropriate documentation of the current review |
| 8 | | of licensing standards by
all employees. Such records shall be |
| 9 | | part of the records of the facility
and subject to inspection |
| 10 | | by authorized representatives of the Department.
|
| 11 | | (h) Any standards involving physical examinations, |
| 12 | | immunization,
or medical treatment shall include appropriate |
| 13 | | exemptions for children
whose parents object thereto on the |
| 14 | | grounds that they conflict with the
tenets and practices of a |
| 15 | | recognized church or religious organization, of
which the |
| 16 | | parent is an adherent or member, and for children who should |
| 17 | | not
be subjected to immunization for clinical reasons.
|
| 18 | | (i) The Department, in cooperation with the Department of |
| 19 | | Public Health, shall work to increase immunization awareness |
| 20 | | and participation among parents of children enrolled in day |
| 21 | | care centers and day care homes by publishing on the |
| 22 | | Department's website information about the benefits of |
| 23 | | immunization against vaccine preventable diseases, including |
| 24 | | influenza and pertussis. The information for vaccine |
| 25 | | preventable diseases shall include the incidence and severity |
| 26 | | of the diseases, the availability of vaccines, and the |
|
| | HB4406 | - 8 - | LRB098 17476 ZMM 52581 b |
|
|
|
| 1 | | importance of immunizing children and persons who frequently |
| 2 | | have close contact with children. The website content shall be |
| 3 | | reviewed annually in collaboration with the Department of |
| 4 | | Public Health to reflect the most current recommendations of |
| 5 | | the Advisory Committee on Immunization Practices (ACIP). The |
| 6 | | Department shall work with day care centers and day care homes |
| 7 | | licensed under this Act to ensure that the information is |
| 8 | | annually distributed to parents in August or September. |
| 9 | | (j) The licensing standards of the Department for licensed |
| 10 | | day care centers and licensed day care homes shall include a |
| 11 | | requirement that such facilities adopt policies regarding |
| 12 | | immunizations for day care staff. The facilities may use the |
| 13 | | most current recommendations of the Advisory Committee on |
| 14 | | Immunization Practices (ACIP) as a guideline for such policies. |
| 15 | | The licensure standards shall include appropriate exemptions |
| 16 | | for day care staff who object on the grounds that they conflict |
| 17 | | with the tenets and practices of a recognized church or |
| 18 | | religious organization, of which the staff person is an |
| 19 | | adherent or member, and for staff members who should not be |
| 20 | | subjected to immunization for clinical reasons. |
| 21 | | (Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227, |
| 22 | | eff. 1-1-12; 97-494, eff. 8-22-11; 97-813, eff. 7-13-12.)
|
| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.
|