Public Act 104-0307
 
HB3439 EnrolledLRB104 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 and 7.10 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 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. An employee or volunteer of a day care 
center, day care home, or group day care home shall authorize 
an investigation every 5 years, as required under the Child 
Care and Development Block Grant. 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 
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 
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, through 
June 30, 2026, or the Department of Early Childhood, on and 
after July 1, 2026, 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 volunteer of a 
child care facility or non-licensed service provider 
authorizing a criminal background investigation under this 
Section after receiving a qualifying result, as determined by 
the Department of Children and Family Services or the 
Department of Early Childhood, whichever is applicable, 
pursuant to this Act, from 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 full clearance 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.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
    (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 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. An employee or volunteer of a day care center, day 
care home, or group day care home shall authorize an 
investigation every 5 years, as required under the Child Care 
and Development Block Grant. 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 
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 
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, through 
June 30, 2026, or the Department of Early Childhood, on and 
after July 1, 2026, 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 volunteer of a 
child care facility or non-licensed service provider 
authorizing a criminal background investigation under this 
Section after receiving a qualifying result, as determined by 
the Department of Children and Family Services or the 
Department of Early Childhood, whichever is applicable, 
pursuant to this Act, from 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 full clearance 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.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 
103-594, eff. 7-1-26.)
 
    (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:
        (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;
            (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).
    (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 
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;
        (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 
        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).
    (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.)
 
    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.