Public Act 104-0045
 
HB1168 EnrolledLRB104 05848 AAS 15879 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 2.09 as follows:
 
    (225 ILCS 10/2.09)
    (Text of Section before amendment by P.A. 103-594)
    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 
    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 a an organized and periodic basis by civic, 
    charitable, or and governmental organizations, including, 
    but not limited to, programs offered by arboretums or 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 or the arboretum conducts background 
    investigations on employees of the program pursuant to 
    this Act; 
        (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 
        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 
        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 
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; 103-952, eff. 1-1-25.)
 
    (Text of Section after amendment by P.A. 103-594)
    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 
    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 a an organized and periodic basis by civic, 
    charitable, or and governmental organizations, including, 
    but not limited to, programs offered by arboretums or 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 or the arboretum conducts background 
    investigations on employees of the program pursuant to 
    this Act; 
        (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 
        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 
        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.
    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; 103-594, eff. 7-1-26; 
103-952, 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 
Public Act.