CHILD CARE-FEE-LICENSE-FINE
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SB 2863 — CHILD CARE-FEE-LICENSE-FINE
Last action — Public Act . . . . . . . . . 96-1373
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 28, 2010. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
0 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title.
Bill Text
What changed in the latest version
273 added · 508 removedPlain-language change summary
The updated version of Bill SB 2863 introduces a new requirement for long-term care facilities that receive Medicaid funding. It mandates that these facilities must display information on how to report fraud, abuse, and neglect in prominent areas and provide this information to residents and their families upon admission. This change is important because it aims to enhance accountability and ensure that both residents and their families are aware of how to report any misconduct, thereby improving the overall safety and care quality in nursing homes.
SB2863 EngrossedEnrolled LRB096 16937 RPM 32250 b AN ACT concerning regulation.
The ChildNursing Home Care Act of 1969 is amended by changing Sections 4, 5, 6, 7, 8, and 8.1 and by adding Section 3.23-808.5 as follows:
(225(210 ILCS 10/3.245/3-808.5 new) Sec.
3.2.3-808.5.
LicensingNursing fees;home fraud, abuse, and neglect prevention and reporting.
fines;(a) Every licensed long term care facility that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the facility information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect.
DCFSIn Children'saddition, Servicesinformation Fund.regarding the reporting of fraud, abuse, and neglect shall be provided to each resident at the time of admission and to the resident's family members or emergency contacts, or to both the resident's family members and his or her emergency contacts.
(a)(b) TheAny Departmentowner shallor chargelicensee of a feelong term care facility licensed under this Act shall be responsible for issuingthe orcollection renewingand amaintenance licenseof onany everyand childall carerecords facility,required to be maintained under this Section and any other thanapplicable provisions of this Act, and as a fosterprovider home.under the Illinois Public Aid Code, and shall be responsible for compliance with SB2863 Enrolled - 2 - LRB096 16937 RPM 32250 b all of the disclosure requirements under this Section.
TheseAll feesbooks shalland berecords paidand other papers and documents that are required to be kept, and all records showing compliance with all of the Departmentdisclosure uponrequirements to be made pursuant to this Section, shall be kept at the issuancefacility and shall, at all times during business hours, be subject to inspection by any law enforcement or renewalhealth ofoversight aagency license.or its duly authorized agents or employees.
The(c) DepartmentAny shallreport adoptof rulesabuse pursuantand toneglect of residents made by any individual in whatever manner, including, but not limited to, reports made under Sections 2-107 and 3-610 of this Act, or as provided under the IllinoisAbused Administrativeand ProcedureNeglected ActLong pertainingTerm Care Facility Residents Reporting Act, that is made to ratean settingadministrator, fora licensingdirector fees.of nursing, or any other person with management responsibility at a long term care facility must be disclosed to the owners and licensee of the facility within 24 hours of the report.
AnyThe feeowners forand licensurelicensee applicationof or renewal for a daylong term care home,facility as defined in this Act, shall notmaintain exceedall $100records andnecessary anyto feeshow forcompliance awith day care center, as defined in this Act,disclosure shallrequirement. not exceed $500.
(b)(d) TheAny Departmentperson maywith assessan aownership fineinterest onin anya childlong term care facility,facility otherlicensed thanby athe fosterDepartment homemust, orwithin day30 caredays home,of forthe aeffective violationdate of this Act.amendatory Act of the 96th General Assembly, disclose the existence of any ownership interest in any vendor who does business with the facility.
The Departmentdisclosures shallrequired adoptby rulesthis pursuantsubsection toshall thebe Illinoismade Administrativein Procedurethe Actform pertainingand tomanner andprescribed settingby the finesDepartment. established under this Act.
Licensed long SB2863 EngrossedEnrolled - 23 - LRB096 16937 RPM 32250 b Noterm finecare facilities who receive Medicaid funding shall exceedsubmit $500a percopy violation.of the disclosures required by this subsection to the Illinois Medicaid Fraud Control Unit.
(c)The Allowners fees and fineslicensee collectedof bya thelong Departmentterm undercare thisfacility Act shall bemaintain depositedall intorecords thenecessary DCFS Children's Services Fund and must be used to enhanceshow servicescompliance bywith the Department pursuant to this Act.disclosure requirement.
(225(e) ILCSNotwithstanding 10/4)the (fromprovisions Ch.of Section 3-318 of this Act, and in addition thereto, any person, owner, or licensee who willfully fails to keep and maintain, or willfully fails to produce for inspection, books and records, or willfully fails to make the disclosures required by this Section, is guilty of a Class A misdemeanor.
23,A par.second or subsequent violation of this Section shall be punishable as a Class 4 felony.
2214)(f) Sec.Any owner or licensee who willfully files or willfully causes to be filed a document with false information with the Department, the Department of Healthcare and Family Services, or the Illinois Medicaid Fraud Control Unit or any other law enforcement agency, is guilty of a Class A misdemeanor.
4.Section 10.
LicenseThe requirement;Criminal Code of 1961 is amended by changing Section 12-19 as follows:
application;(720 ILCS 5/12-19) (from Ch.
notice.38, par.
(a)12-19) Any(Text person, group of persons, or corporation who or which receives children or arranges for care or placement of one or more children unrelated to the operator must apply for a license to operate one of the types of facilities defined in Sections 2.05 through 2.19 and in Section 2.22before ofamendment thisby Act.P.A.
Any96-339) relativeSec. who receives a child or children for placement by the Department on a full-time basis may apply for a license to operate a foster family home as defined in Section 2.17 of this Act.
(a-5)12-19. Any agency, person, group of persons, association, organization, corporation, institution, center, or group providing adoption services must be licensed by the Department as a child welfare agency as defined in Section 2.08 of this Act.
"ProvidingAbuse adoptionand services"Criminal asNeglect usedof ina thisLong Act,Term includesCare facilitatingFacility orResident. engaging in adoption services.
(b)(a) ApplicationAny forperson aor licenseany toowner operateor licensee of a childlong term care SB2863 Enrolled - 4 - LRB096 16937 RPM 32250 b facility mustwho beabuses madea tolong theterm Departmentcare infacility theresident manneris andguilty onof formsa prescribedClass by3 it.felony.
AnAny applicationperson toor operateany owner or licensee of a fosterlong SB2863term Engrossedcare -facility 3who -criminally LRB096neglects 16937a RPMlong 32250term bcare familyfacility homeresident shallis include,guilty atof a minimum:Class 4 felony.
A person whose criminal neglect of a completedlong writtenterm form;care facility resident results in the resident's death is guilty of a Class 3 felony.
writtenHowever, authorizationnothing byherein theshall applicantbe anddeemed to apply to a physician licensed to practice medicine in all adultits membersbranches ofor a duly licensed nurse providing care within the applicant'sscope householdof tohis conductor aher criminalprofessional backgroundjudgment investigation;and within the accepted standards of care within the community.
medical(b) evidenceNotwithstanding in the formpenalties ofin asubsections medical(a) report,and on(c) formsand prescribedin byaddition thethereto, Department,if thata thelicensee applicantor andowner all members of thea householdlong areterm freecare fromfacility communicableor diseaseshis or physicalher andemployee mentalhas conditionscaused thatneglect affectof theira abilityresident, tothe providelicensee careor forowner theis childguilty orof children;a petty offense.
theAn namesowner andor addresseslicensee ofis atguilty leastunder 3this personssubsection not(b) relatedonly toif the applicantowner whoor canlicensee attestfailed to exercise reasonable care in the applicant'shiring, moraltraining, character;supervising or providing of staff or other related routine administrative responsibilities.
and(c) fingerprintsNotwithstanding submittedthe bypenalties thein applicantsubsections (a) and all(b) adultand membersin addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused gross neglect of a resident, the applicant'slicensee household.or owner is guilty of a business offense for which a fine of not more than $10,000 may be imposed.
(b-5)An Applicationowner foror alicensee licenseis guilty under this subsection (c) only if the owner or licensee failed to operateexercise aSB2863 childEnrolled - 5 - LRB096 16937 RPM 32250 b reasonable care facility,in otherthe thanhiring, atraining, fostersupervising home,or shallproviding includeof astaff non-refundableor applicationother fee.related routine administrative responsibilities.
The(d) DepartmentFor shall adopt rules and policies pursuant to the Illinoispurpose Administrativeof Procedurethis ActSection: to set a fee schedule.
(c)(1) The"Abuse" Departmentmeans shallintentionally notify the public when a child care institution, maternity center, or groupknowingly homecausing licensedany byphysical the Department undergoes a change in (i) the range of care or servicesmental offeredinjury at the facility, (ii) the age or typecommitting ofany childrensexual served,offense orset (iii)forth thein areathis withinCode. the facility used by children.
The(2) Department"Criminal shallneglect" notifymeans thean publicact ofwhereby a person recklessly (i) performs acts that cause an elderly person's or person with a disability's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate or that create the changesubstantial inlikelihood that an elderly person's or person with a newspaperdisability's oflife generalwill circulationbe inendangered, health will be injured, or pre-existing physical or mental condition will deteriorate, or (ii) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the countylife or municipalityhealth inof whichan elderly person or person with a disability, and that failure causes the applicant'selderly facilityperson's isor person with a disability's life to be endangered, health to be injured, or ispre-existing proposedphysical or mental condition to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be located.endangered, health will be injured, or pre-existing physical or mental condition will deteriorate, or (iii) abandons an elderly person or person with a disability.
SB2863 EngrossedEnrolled - 46 - LRB096 16937 RPM 32250 b (d)(3) If,"Neglect" uponmeans examinationnegligently offailing theto facilityprovide andadequate investigationmedical ofor personspersonal responsible for care ofor children,maintenance, the Department is satisfied that the facility and responsible persons reasonably meet standards prescribed for the type of facility for which applicationfailure isresults made, and has paid the applicable application fee, then the Department it shall issue a license in properphysical form,or designatingmental oninjury thator license the typedeterioration of child care facility and, except for a childphysical welfareor agency,mental thecondition. number of children to be served at any one time.
(e)(4) The"Resident" Departmentmeans shall not issue or renew the license of any child welfare agency providing adoption services, unless the agency (i) is officially recognized by the United States Internal Revenue Service as a tax-exemptperson organizationresiding described in Sectiona 501(c)(3)long ofterm thecare Internalfacility. Revenue Code of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all of the standards necessary to maintain its status as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law).
The(5) Department"Owner" shallmeans grantthe aperson gracewho periodowns ofa 24long monthsterm fromcare thefacility effectiveas dateprovided ofunder thisthe amendatoryNursing ActHome ofCare theAct 94thor Generalan Assemblyassisted forliving existingor childshared welfarehousing agenciesestablishment providingunder adoptionthe servicesAssisted toLiving obtainand 501(c)(3)Shared status.Housing Act.
Show all 183 changed lines (143 more)
The(6) Department"Licensee" shallmeans permitthe anindividual existing child welfare agency that converts from its current structure in order to be recognized as a 501(c)(3) organization as required by this Section to either retain its current license or SB2863entity Engrossedlicensed - 5 - LRB096 16937 RPM 32250 b transfer its current license to aoperate newly formed entity, if the creation of a newfacility entityunder is required in order to comply with this Section, provided that the childNursing welfareHome agencyCare demonstratesAct thator it continues to meet all other licensing requirements and that the principalAssisted officersLiving and directorsShared andHousing programsAct. of the converted child welfare agency or newly organized child welfare agency are substantially the same as the original.
The(7) Department"Facility" shallor have"long theterm solecare discretionfacility" tomeans grant a oneprivate yearhome, extensioninstitution, tobuilding, residence, or any agencyother unableplace, towhether obtainoperated 501(c)(3)for statusprofit withinor thenot, timeframeor specifieda incounty thishome subsectionfor (e),the providedinfirm thatand suchchronically agencyill hasoperated filedpursuant anto applicationDivision for5-21 501(c)(3)or status5-22 withof the InternalCounties RevenueCode, Serviceor withinany similar institution operated by the 2-yearState timeframeof specifiedIllinois inor thisa subsectionpolitical (e).subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage.
The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living SB2863 Enrolled - 7 - LRB096 16937 RPM 32250 b establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.
(e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3-803 of the Nursing Home Care Act.
94-586,93-301, eff.
8-15-05.)1-1-04.) (225(Text ILCSof 10/5)Section (fromafter Ch.amendment by P.A.
23,96-339) par.Sec.
2215)12-19. Sec.
5.Abuse and Criminal Neglect of a Long Term Care Facility Resident.
(a) InAny respectperson toor childany careowner institutions,or maternitylicensee centers,of childa welfarelong agencies,term day care centers,facility daywho careabuses agencies,a andlong groupterm homes,care thefacility Department,resident uponis receivingguilty applicationof fileda inClass proper3 order,felony. shall examine the facilities and persons responsible for care of children therein.
(b)Any Inperson respector toany fosterowner familyor andlicensee day care homes, applications may be filed on behalf of sucha homeslong byterm acare licensedfacility childwho welfarecriminally agency,neglects by a Statelong agencyterm authorized to place SB2863 Engrossed - 6 - LRB096 16937 RPM 32250 b children in foster care orfacility byresident out-of-Stateis agenciesguilty approvedof bya theClass Department4 tofelony. place children in this State.
InA respectperson towhose daycriminal careneglect homes,of applicationsa maylong beterm filedcare onfacility behalfresident ofresults suchin homesthe byresident's adeath licensedis dayguilty careof agencya orClass licensed3 childfelony. welfare agency.
InHowever, applyingnothing forherein licenseshall inbe behalfdeemed ofto aapply hometo ina whichphysician childrenlicensed areto placedpractice bymedicine andin remainall underits supervisionbranches ofor thea applicantduly agency,licensed suchnurse agencyproviding shallcare certifywithin that the homescope and persons responsible for care of unrelatedhis children therein, or theher homeprofessional judgment and relativeswithin responsible for the careaccepted of related children therein, were found to be in reasonable compliance with standards prescribedof bycare thewithin Department for the typecommunity. of care indicated.
(c)SB2863 TheEnrolled Department- shall8 not- allowLRB096 any16937 personRPM to32250 examineb facilities(b) underNotwithstanding athe provisionpenalties ofin thissubsections Act(a) whoand has(c) notand passedin anaddition examinationthereto, demonstratingif thata suchlicensee personor isowner familiarof witha thislong Actterm andcare withfacility theor appropriatehis standardsor andher regulationsemployee has caused neglect of a resident, the Department.licensee or owner is guilty of a petty offense.
(d)An Withowner theor exceptionlicensee ofis dayguilty careunder centers,this daysubsection care(b) homes,only andif groupthe dayowner careor homes,licensee licensesfailed shallto beexercise issuedreasonable care in such form and manner as prescribed by the Departmenthiring, andtraining, aresupervising validor forproviding 4of yearsstaff from the date issued, unless revoked by the Department or voluntarilyother surrenderedrelated byroutine theadministrative licensee.responsibilities.
Licenses(c) issuedNotwithstanding forthe daypenalties carein centers,subsections day(a) careand homes,(b) and groupin dayaddition carethereto, homesif shalla belicensee validor forowner 3of yearsa fromlong theterm datecare issued,facility unlessor revokedhis byor her employee has caused gross neglect of a resident, the Departmentlicensee or voluntarilyowner surrenderedis byguilty theof licensee.a business offense for which a fine of not more than $10,000 may be imposed.
WhenAn aowner or licensee hasis madeguilty timelyunder andthis sufficientsubsection application(c) foronly SB2863if Engrossed - 7 - LRB096 16937 RPM 32250 b the renewalowner of a license or alicensee newfailed license, including payment of the required fee, with reference to anyexercise activityreasonable ofcare ain continuing nature, the existinghiring, licensetraining, shallsupervising continueor inproviding fullof forcestaff andor effectother forrelated uproutine toadministrative 30responsibilities. days until the final agency decision on the application has been made.
The(d) DepartmentFor may further extend the periodpurpose inof whichthis suchSection: decision must be made in individual cases for up to 30 days, but such extensions shall be only upon good cause shown.
If(1) for"Abuse" anymeans reason,intentionally otheror thanknowingly Departmentcausing delay,any thephysical renewalor processmental isinjury notor completedcommitting withinany 6sexual monthsoffense ofset theforth submissionin ofthis theCode. renewal application, then the license expires and under no circumstances shall an additional extension be granted by the Department and the facility must submit a new application for a new license.
(e)(2) The"Criminal Departmentneglect" maymeans issuean oneact 6-monthwhereby permita person recklessly (i) performs acts that cause an elderly person's or person with a disability's life to be endangered, health to be injured, or pre-existing physical or mental condition SB2863 Enrolled - 9 - LRB096 16937 RPM 32250 b to deteriorate or that create the substantial likelihood that an elderly person's or person with a newlydisability's establishedlife facilitywill forbe childendangered, carehealth will be injured, or pre-existing physical or mental condition will deteriorate, or (ii) fails to allowperform acts that facilityhe reasonableor timeshe knows or reasonably should know are necessary to becomemaintain eligibleor forpreserve the life or health of an elderly person or person with a fulldisability, license.and that failure causes the elderly person's or person with a disability's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate, or (iii) abandons an elderly person or person with a disability.
If(3) the"Neglect" facilitymeans fornegligently childfailing to provide adequate medical or personal care isor amaintenance, fosterwhich familyfailure home,results in physical or daymental careinjury homeor the Departmentdeterioration mayof issuea onephysical 2-monthor permitmental only.condition.
(f)(4) The"Resident" Departmentmeans may issue an emergency permit to a childperson careresiding facility taking in children as a resultlong ofterm the temporary closure for more than 2 weeks of a licensed child care facilityfacility. due to a natural disaster.
An(5) emergency"Owner" permitmeans underthe thisperson subsectionwho shallowns bea issuedlong toterm acare facility onlyas ifprovided under the personsNursing providingHome childCare careAct, servicesa atfacility as provided under the facilityMR/DD wereCommunity employeesCare ofAct, theor temporarilyan closedassisted dayliving careor centershared athousing establishment under the timeAssisted itLiving wasand closed.Shared Housing Act.
No investigation of an employee of a child care SB2863 EngrossedEnrolled - 810 - LRB096 16937 RPM 32250 b facility(6) receiving"Licensee" anmeans emergencythe permitindividual or entity licensed to operate a facility under thisthe subsectionNursing shallHome beCare requiredAct, ifthe thatMR/DD employeeCommunity hasCare previouslyAct, beenor investigatedthe atAssisted anotherLiving childand careShared facility.Housing Act.
No(7) emergency"Facility" permitor issued"long underterm thiscare subsectionfacility" shallmeans bea validprivate home, institution, building, residence, or any other place, whether operated for moreprofit thanor 90not, daysor aftera county home for the dateinfirm and chronically ill operated pursuant to Division 5-21 or 5-22 of issuance.the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage.
(g)The Duringterm thealso hoursincludes ofskilled operationnursing offacilities anyand licensedintermediate child care facility,facilities authorizedas representativesdefined ofin theTitle DepartmentXVIII mayand withoutTitle noticeXIX visitof the facilityfederal forSocial theSecurity purposeAct ofand determiningassisted itsliving continuingestablishments complianceand withshared thishousing Actestablishments orlicensed regulationsunder adoptedthe pursuantAssisted thereto.Living and Shared Housing Act.
(h)(e) DayNothing carecontained centers,in daythis careSection homes,shall andbe groupdeemed dayto apply to the medical supervision, regulation or control of the remedial care homesor shalltreatment beof monitoredresidents atin leasta annuallyfacility conducted for those who rely upon treatment by aprayer licensingor representativespiritual frommeans in accordance with the Departmentcreed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3-803 of the agencyNursing thatHome recommendedCare licensure.Act or SB2863 Enrolled - 11 - LRB096 16937 RPM 32250 b Section 3-803 of the MR/DD Community Care Act.
89-21,96-339, eff.
7-1-95;7-1-10.) Section 95.
89-263,No eff.acceleration or delay.
8-10-95;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.
89-626,Section eff.99.
8-9-96.) (225 ILCS 10/6) (from Ch.
23, par.
2216) Sec.
6.
(a) A licensed facility operating as a "child care institution", "maternity center", "child welfare agency", "day care agency" or "day care center" must apply for renewal of its license held, the application to be made to the Department on forms prescribed by it.
The Department shall charge a fee for the renewal of a license as required in Section 3.2 of this Act.
(b) The Department, a duly licensed child welfare agency or SB2863 Engrossed - 9 - LRB096 16937 RPM 32250 b a suitable agency or person designated by the Department as its agent to do so, must re-examine every child care facility for renewal of license, including in that process the examination of the premises and records of the facility as the Department considers necessary to determine that minimum standards for licensing continue to be met, and random surveys of parents or legal guardians who are consumers of such facilities' services to assess the quality of care at such facilities.
In the case of foster family homes, or day care homes under the supervision of or otherwise required to be licensed by the Department, or under supervision of a licensed child welfare agency or day care agency, the examination shall be made by the Department, or agency supervising such homes.
If the Department is satisfied that the facility continues to maintain minimum standards which it prescribes and publishes, it shall renew the license to operate the facility.
(c) If a child care facility's license is revoked, or if the Department refuses to renew a facility's license, the facility may not reapply for a license before the expiration of 12 months following the Department's action;
provided, however, that the denial of a reapplication for a license pursuant to this subsection must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of satisfying the standards and rules promulgated by the Department pursuant to this Act or maintaining a facility which adheres to such standards and rules.
SB2863 Engrossed - 10 - LRB096 16937 RPM 32250 b (Source:
P.A.
86-554.) (225 ILCS 10/7) (from Ch.
23, par.
2217) Sec.
7.
(a) The Department must prescribe and publish minimum standards for licensing that apply to the various types of facilities for child care defined in this Act and that are equally applicable to like institutions under the control of the Department and to foster family homes used by and under the direct supervision of the Department.
The Department shall seek the advice and assistance of persons representative of the various types of child care facilities in establishing such standards.
The standards prescribed and published under this Act take effect as provided in the Illinois Administrative Procedure Act, and are restricted to regulations pertaining to the following matters and to any rules and regulations required or permitted by any other Section of this Act:
(1) The operation and conduct of the facility and responsibility it assumes for child care;
(2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served.
All child day care center licensees and employees who are required to report child abuse or neglect under the Abused and Neglected Child Reporting Act shall be required to attend training on recognizing child abuse and neglect, as prescribed by Department rules;
SB2863 Engrossed - 11 - LRB096 16937 RPM 32250 b (3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;
(4) The number of individuals or staff required to insure adequate supervision and care of the children received.
The standards shall provide that each child care institution, maternity center, day care center, group home, day care home, and group day care home shall have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver and in cardiopulmonary resuscitation by the American Red Cross or other organization approved by rule of the Department.
Child welfare agencies shall not be subject to such a staffing requirement.
The Department may offer, or arrange for the offering, on a periodic basis in each community in this State in cooperation with the American Red Cross, the American Heart Association or other appropriate organization, voluntary programs to train operators of foster family homes and day care homes in first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the physical comfort, care and well-being of children received;
SB2863 Engrossed - 12 - LRB096 16937 RPM 32250 b (6) Provisions for food, clothing, educational opportunities, program, equipment and individual supplies to assure the healthy physical, mental and spiritual development of children served;
(7) Provisions to safeguard the legal rights of children served;
(8) Maintenance of records pertaining to the admission, progress, health and discharge of children, including, for day care centers and day care homes, records indicating each child has been immunized as required by State regulations.
The Department shall require proof that children enrolled in a facility have been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular religious faith of the children served;
(12) Provisions prohibiting firearms on day care center premises except in the possession of peace officers;
(13) Provisions prohibiting handguns on day care home premises except in the possession of peace officers or other adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home;
(14) Provisions requiring that any firearm permitted on day care home premises, except handguns in the SB2863 Engrossed - 13 - LRB096 16937 RPM 32250 b possession of peace officers, shall be kept in a disassembled state, without ammunition, in locked storage, inaccessible to children and that ammunition permitted on day care home premises shall be kept in locked storage separate from that of disassembled firearms, inaccessible to children;
(15) Provisions requiring notification of parents or guardians enrolling children at a day care home of the presence in the day care home of any firearms and ammunition and of the arrangements for the separate, locked storage of such firearms and ammunition.
(a-5) The Department must prescribe and publish schedules for licensure application and licensing renewal fees that apply to the various types of child care facilities, other than foster homes.
The fee and fine schedules prescribed and published under this Act take effect as provided in the Illinois Administrative Procedure Act.
(a-10) The Department shall publish information on substantiated violations found in all facilities licensed under this Act, other than foster homes.
The Department must prescribe and publish schedules of fines that apply to the various child care facilities, other than foster homes or day care homes, for violations of this Act.
The fine schedules prescribed and published under this Act take effect as provided in the Illinois Administrative Procedure Act.
(b) If, in a facility for general child care, there are SB2863 Engrossed - 14 - LRB096 16937 RPM 32250 b children diagnosed as mentally ill, mentally retarded or physically handicapped, who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the Department shall seek the advice and recommendation of the Department of Human Services, the Department of Public Health, or both Departments regarding the residential treatment and nursing care provided by the institution.
(c) The Department shall investigate any person applying to be licensed as a foster parent to determine whether there is any evidence of current drug or alcohol abuse in the prospective foster family.
The Department shall not license a person as a foster parent if drug or alcohol abuse has been identified in the foster family or if a reasonable suspicion of such abuse exists, except that the Department may grant a foster parent license to an applicant identified with an alcohol or drug problem if the applicant has successfully participated in an alcohol or drug treatment program, self-help group, or other suitable activities.
(d) The Department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other qualified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served.
Such consultation shall include providing information SB2863 Engrossed - 15 - LRB096 16937 RPM 32250 b concerning education and training in early childhood development to providers of day care home services.
The Department may provide or arrange for such education and training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing standards to all licensees and applicants for a license.
Each licensee or holder of a permit shall distribute copies of the appropriate licensing standards and any other information required by the Department to child care facilities under its supervision.
Each licensee or holder of a permit shall maintain appropriate documentation of the distribution of the standards.
Such documentation shall be part of the records of the facility and subject to inspection by authorized representatives of the Department.
(f) The Department shall prepare summaries of day care licensing standards.
Each licensee or holder of a permit for a day care facility shall distribute a copy of the appropriate summary and any other information required by the Department, to the legal guardian of each child cared for in that facility at the time when the child is enrolled or initially placed in the facility.
The licensee or holder of a permit for a day care facility shall secure appropriate documentation of the distribution of the summary and brochure.
Such documentation shall be a part of the records of the facility and subject to inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and SB2863 Engrossed - 16 - LRB096 16937 RPM 32250 b holder of a permit copies of the licensing or permit standards applicable to such person's facility.
Each licensee or holder of a permit shall make available by posting at all times in a common or otherwise accessible area a complete and current set of licensing standards in order that all employees of the facility may have unrestricted access to such standards.
All employees of the facility shall have reviewed the standards and any subsequent changes.
Each licensee or holder of a permit shall maintain appropriate documentation of the current review of licensing standards by all employees.
Such records shall be part of the records of the facility and subject to inspection by authorized representatives of the Department.
(h) Any standards involving physical examinations, immunization, or medical treatment shall include appropriate exemptions for children whose parents object thereto on the grounds that they conflict with the tenets and practices of a recognized church or religious organization, of which the parent is an adherent or member, and for children who should not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of Public Health, shall work to increase immunization awareness and participation among parents of children enrolled in day care centers and day care homes by publishing on the Department's website information about the benefits of annual immunization against influenza for children 6 months of age to 5 years of age.
The Department shall work with day care centers SB2863 Engrossed - 17 - LRB096 16937 RPM 32250 b and day care homes licensed under this Act to ensure that the information is annually distributed to parents in August or September.
(Source:
P.A.
96-391, eff.
8-13-09.) (225 ILCS 10/8) (from Ch.
23, par.
2218) Sec.
8.
The Department may revoke or refuse to renew the license of any child care facility or child welfare agency or refuse to issue full license to the holder of a permit should the licensee or holder of a permit:
(1) fail to maintain standards prescribed and published by the Department;
(2) violate any of the provisions of the license issued;
(2.3) fail to pay a license renewal fee;
(2.5) fail to pay a fine owed to the Department;
(3) furnish or make any misleading or any false statement or report to the Department;
(4) refuse to submit to the Department any reports or refuse to make available to the Department any records required by the Department in making investigation of the facility for licensing purposes;
(5) fail or refuse to submit to an investigation by the Department;
(6) fail or refuse to admit authorized representatives of the Department at any reasonable time for the purpose of SB2863 Engrossed - 18 - LRB096 16937 RPM 32250 b investigation;
(7) fail to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by the Department, or as otherwise required by any law, regulation or ordinance applicable to the location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under Section 3 of the Abused and Neglected Child Reporting Act or fail to discharge or sever affiliation with the child care facility of an employee or volunteer at the facility with direct contact with children who is the subject of an indicated report under Section 3 of that Act;
(10) fail to comply with the provisions of Section 7.1;
(11) fail to exercise reasonable care in the hiring, training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of children within the facility, as required by the Abused and Neglected Child Reporting Act;
(12.5) fail to comply with subsection (c-5) of Section 7.4;
(13) fail to comply with Section 5.1 or 5.2 of this Act;
or (14) be identified in an investigation by the Department as an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, or be a SB2863 Engrossed - 19 - LRB096 16937 RPM 32250 b person whom the Department knows has abused alcohol or drugs, and has not successfully participated in treatment, self-help groups or other suitable activities, and the Department determines that because of such abuse the licensee, holder of the permit, or any other person directly responsible for the care and welfare of the children served, does not comply with standards relating to character, suitability or other qualifications established under Section 7 of this Act.
(Source:
P.A.
94-586, eff.
8-15-05;
94-1010, eff.
10-1-06.) (225 ILCS 10/8.1) (from Ch.
23, par.
2218.1) Sec.
8.1.
The Department shall revoke or refuse to renew the license of any child care facility or refuse to issue a full license to the holder of a permit should the licensee or holder of a permit:
(1) fail to correct any condition which jeopardizes the health, safety, morals, or welfare of children served by the facility;
(2) fail to correct any condition or occurrence relating to the operation or maintenance of the facility comprising a violation under Section 8 of this Act;
or (3) fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises, and provisions for personal care, medical services, clothing, education and other essentials in the proper care, SB2863 Engrossed - 20 - LRB096 16937 RPM 32250 b rearing and training of children;.
(4) fail to pay a license renewal fee;
or (5) fail to pay a fine owed to the Department.
(Source:
P.A.
83-1362.) Section 99.
This Act takes effect Julyupon 1,becoming 2011.law.
Show all 183 changed rows (143 more)
Action History
-
Public Act . . . . . . . . . 96-1373
-
Effective Date July 29, 2010
-
Governor Approved
-
Sent to the Governor
-
Passed Both Houses
-
House Floor Amendment No. 1 Senate Concurs 054-000-000
-
Added as Chief Co-Sponsor Sen. Heather Steans
-
House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 010-000-000
-
Added as Co-Sponsor Sen. Michael Bond
-
House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
-
House Floor Amendment No. 1 Motion to Concur Referred to Assignments
-
House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
-
Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 26, 2010
-
Secretary's Desk - Concurrence House Amendment(s) 1
-
Third Reading - Standard Debate - Passed 117-000-000
-
Placed on Calendar Order of 3rd Reading - Standard Debate
-
House Floor Amendment No. 1 Adopted by Voice Vote
-
Added Alternate Co-Sponsor Rep. Lisa M. Dugan
-
House Floor Amendment No. 1 Recommends Be Adopted Human Services Committee; 007-000-000
-
House Floor Amendment No. 1 Rules Refers to Human Services Committee
-
Chief Sponsor Changed to Sen. Jacqueline Y. Collins
-
House Floor Amendment No. 1 Referred to Rules Committee
-
House Floor Amendment No. 1 Filed with Clerk by Rep. Harry Osterman
-
Alternate Chief Sponsor Changed to Rep. Harry Osterman
-
Held on Calendar Order of Second Reading - Standard Debate
-
Second Reading - Standard Debate
-
Placed on Calendar 2nd Reading - Standard Debate
-
Do Pass / Standard Debate Human Services Committee; 004-002-001
-
Assigned to Human Services Committee
-
Committee Deadline Extended-Rule 9(b) April 30, 2010
-
Referred to Rules Committee
-
First Reading
-
Placed on Calendar Order of First Reading
-
Chief House Sponsor Rep. Elaine Nekritz
-
Arrived in House
-
Third Reading - Passed; 040-007-000
-
Placed on Calendar Order of 3rd Reading
-
Senate Floor Amendment No. 1 Adopted; Althoff
-
Recalled to Second Reading
-
Senate Floor Amendment No. 1 Recommend Do Adopt Licensed Activities; 008-000-000
-
Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities
-
Senate Floor Amendment No. 1 Referred to Assignments
-
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Pamela J. Althoff
-
Chief Sponsor Changed to Sen. Pamela J. Althoff
-
Sponsor Removed Sen. Dale A. Righter
-
Rule 2-10 Third Reading Deadline Established As May 7, 2010
-
Placed on Calendar Order of 3rd Reading March 17, 2010
-
Second Reading
-
Placed on Calendar Order of 2nd Reading March 9, 2010
-
Do Pass Executive; 009-000-000
-
Assigned to Executive
-
Referred to Assignments
-
First Reading
-
Chief Co-Sponsor Sen. Dale A. Righter
-
Filed with Secretary by Sen. Christine Radogno
Sponsors
- Lisa M. Dugan · Cosponsor
- Lakesia Collins · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (2)
- Lisa M. Dugan
- Lakesia Collins Democrat
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 44 | 0 | 0 | 5 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| Muñoz | — | Yea |
| Meeks | — | Yea |
| Schoenberg | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Jones, J. | — | Yea |
| McCarter | — | Not Voting |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Cullerton | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Not Voting |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Not Voting |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Frerichs | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 13 | 0 | 0 | 0 |
| Unaffiliated | 100 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 117 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Wait | — | Yea |
| Davis, Monique | — | Yea |
| Kosel | — | Yea |
| Lang | — | Yea |
| Reitz | — | Yea |
| Leitch | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Lyons | — | Yea |
| Mendoza | — | Yea |
| Moffitt | — | Yea |
| Mulligan | — | Yea |
| Myers | — | Yea |
| Senger | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Gordon, Jehan | — | Yea |
| Hannig | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Harris | — | Yea |
| Hernandez | — | Yea |
| Watson | — | Yea |
| Nekritz | — | Yea |
| Howard | — | Yea |
| Osterman | — | Yea |
| Pihos | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Eddy | — | Not Voting |
| Hatcher | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Osmond | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sente | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Madigan | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Burns | — | Yea |
| Carberry | — | Yea |
| McAsey | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 6 | 0 | 11 |
| Democrat | 8 | 1 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 40 | 7 | 0 | 12 |
| % of votes cast | 68% | 12% | 0% | 20% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Noland | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Nay |
| Luechtefeld | — | Nay |
| McCarter | — | Nay |
| Meeks | — | Not Voting |
| Millner | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Muñoz | — | Yea |
| Sullivan | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Not Voting |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Jones, J. | — | Nay |
| Brady | — | Not Voting |
| Clayborne | — | Yea |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Not Voting |
| Duffy | — | Nay |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Not Voting |
| Raoul | — | Yea |
| Righter | — | Not Voting |
| Risinger | — | Yea |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Not Voting |
| Bivins | — | Not Voting |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Nay |
| Dillard | — | Yea |
| Forby | — | Not Voting |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Nay |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 2863 do?
- Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title.
- Who sponsors SB 2863?
- SB 2863 is sponsored by Lisa M. Dugan and Lakesia Collins (Democrat).
- What is the current status of SB 2863?
- This bill has been enacted into law. Introduced January 28, 2010. Enacted.
- Where can I track SB 2863?
- Track SB 2863 free on One Click Politics — get push/email alerts when it moves.
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