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Public Act 099-0699

SB2321 Enrolled               LRB099 15718 MLM 40017 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 2.09 and 3 as follows:

(225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)

    Sec. 2.09. "Day care center" means any child care facility which regularly provides day care for less than 24 hours per day 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, crafts instruction

and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations; (h) part day child care facilities, as defined in Section 2.10 of this Act; or (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 (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 (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 (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. 99-143, eff. 7-27-15.)

 (225 ILCS 10/3)  (from Ch. 23, par. 2213)

    Sec. 3. (a) No person, group of persons or corporation may operate or conduct any facility for child care, as defined in this Act, without a license or permit issued by the Department or without being approved by the Department as meeting the standards established for such licensing, with the exception of facilities for whom standards are established by the Department of Corrections under Section 3-15-2 of the Unified Code of Corrections and with the exception of facilities defined in Section 2.10 of this Act, and with the exception of programs or facilities licensed by the Department of Human Services underthe Alcoholism and Other Drug Abuse and Dependency Act. (b) No part day child care facility as described in Section 2.10 may operate without written notification to the Department or without complying with Section 7.1. Notification shall include a notarized statement by the facility that the facility complies with state or local health standards and state fire safety standards, and shall be filed with the department every 2 years.

 (c) The Director of the Department shall establish policies and coordinate activities relating to child care licensing, licensing of day care homes and day care centers.

 (d) Any facility or agency which is exempt from licensing may apply for licensing if licensing is required for some government benefit.

 (e) A provider of day care described in items (a) through (j) of Section 2.09 of this Act is exempt from licensure. The Department shall provide written verification of exemption and description of compliance with standards for the health, safety, and development of the children who receive the

services upon submission by the provider of, in addition to any other documentation required by the Department, a notarized statement that the facility complies with: (1) the standards of the Department of Public Health or local health department, (2) the fire safety standards of the State Fire Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Education.

(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)


Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 7/29/2016


Governor Rauner recently signed an amendment to the Illinois Child Care Act which provides an additional means of exemption for school-age programs.  The Department is working to amend Rule 377 to align with the change to the Child Care Act.  If you have questions regarding your program’s possible exempt status, please phone your local licensing office and ask to speak with a licensing representative.

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DATE: August 18, 2016

TO: Day Care Licensing Staff and Supervisors

FROM: George H. Sheldon, Director

EFFECTIVE: Immediately



The purpose of this Policy Transmittal is to issue amendments to Rules 406, Licensing Standards for Day Care Homes; and 408, Licensing Standards for Group Day Care Homes which implement provisions of Public Act 98-0817 which amended the Child Care Act of 1969. The rules have been amended to incorporate additional training requirements for licensees and assistants, No Firearms signage, and additional documentation for Emergency Preparedness plans. Rule 406 has further been amended to prohibit other employment during licensed hours.



DCFS Rules Amended in this Rulemaking. The following rules impacting both Day Care Homes and Group Day Care Homes have been amended:

406.2 and 408.5: the definition of Firearm has been added which states:


Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:

(1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors;

(2) any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud cartridges, explosive

(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. [430 ILCS 65/1.1]


406.4 and 408.10: Training requirements at initial application require applicants and assistants who will care for infants to have completed not more than one year prior to the application date, in addition to other required training, to now complete Sudden Unexpected Infant Death (SUID) and Safe sleep recommendations from the American Academy of Pediatrics.


406.4 and 408.10: Training requirements at initial application have required applicants and now require all assistants to complete Department approved Mandated Reporter Training.


406.5 and 408.15: Applicants and assistants licensed to care for infants shall be current with training which includes Sudden Infant Death Syndrome (SIDS), Sudden Unexpected Infant Death (SUID), Shaken Baby Syndrome (SBS) and Safe sleep recommendations from the American Academy of Pediatrics.


406.8 and 408.30 Licensees shall post a No Firearms sign in a visible location where parents pick-up their children.


406.8 And 408.30 Emergency Preparedness Plans require licensees to document procedures for notifying parents if evacuation is necessary and specific procedures for evacuating children under 30 months and children with special needs.


Amendments to Rule 406., Other Employment Prohibited During Licensed Hours.

406.9 Prohibits caregivers from working or being employed outside the home during the hours the home is licensed.



Questions regarding these revised rules should be directed to the Office of Child and Family Policy at 217-524-1983 or by e-mail through Outlook at OCFP-Mailbox. Non-Outlook users may send questions to or the phone number provided.



An electronic version of the new and amended rules are available on the DCFS website.