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Child Care Act

Illinois · Professions, Occupations, and Business Operations · §§ 225-10-1 to 225-10-9-2 · 131 sections

Overview

The act governs the licensing and regulation of child welfare agencies and child care facilities — including child care institutions, group homes, day care homes and centers, and shelters for homeless youth — defining each category largely by how many children are served and for how long. It gives a state child welfare department authority to issue, deny, and revoke licenses and permits, to investigate suspected unlicensed operation, to order closures, and to hold administrative hearings whose decisions are subject to judicial review, with courts available to compel witnesses and records. It also imposes operating standards on licensees, addressing advertising, confidentiality of records, referrals to law enforcement, placement practices including a child's religious faith and the reporting of children received from outside the state, and limits on financial arrangements such as payments to birth parents and loans or other credit extended in connection with placements.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 225 ILCS 10/1This Act shall be known and may be cited as the Child Care Act of 1969
  • 225 ILCS 10/10Any circuit court, upon application either of the person requesting a hearing or of the Department, may require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relating to the refusal or revocation of licenses
  • 225 ILCS 10/11Whenever the Department is advised, or has reason to believe, that any person, group of persons or corporation is operating a child welfare agency or a child care facility without a license or permit, it shall make an investigation to ascertain the facts
  • 225 ILCS 10/11.1Referrals to law enforcement
  • 225 ILCS 10/11.1aReferrals to law enforcement; Department of Early Childhood
  • 225 ILCS 10/11.2Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/11.3Order of closure; Department of Early Childhood
  • 225 ILCS 10/12Advertisements
  • 225 ILCS 10/12.1Advertisements; Department of Early Childhood
  • 225 ILCS 10/13Whenever a child is placed in or with a child care institution or in or with a child welfare agency, the placement shall, whenever practicable, be to, with or in the custody of a child care facility as is under the control of persons of the same religious faith as that of the child
  • 225 ILCS 10/14.5Offering, providing, or co-signing a loan or other credit accommodation
  • 225 ILCS 10/14.6Agency payment of salaries or other compensation
  • 225 ILCS 10/14.7Payments to birth parents
  • 225 ILCS 10/15Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/15.1Records; confidentiality; Department of Early Childhood
  • 225 ILCS 10/16(a) Any child care facility receiving a child for care or supervision from a foreign state or country shall report that child to the Department in the same manner as is required for reporting other children
  • 225 ILCS 10/16.1Child from a foreign state or country; Department of Early Childhood
  • 225 ILCS 10/17The Administrative Review Law and the rules adopted pursuant thereto, applies to and governs all proceedings for the judicial review of final administrative decisions of the Department
  • 225 ILCS 10/18Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/18.1Violations; day care center, day care home, or group day care home
  • 225 ILCS 10/19Any license issued under the "Child Care Act", approved July 10, 1957, as amended, remains valid until its expiration date or until revoked by the Department under this Act
  • 225 ILCS 10/2Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in the Sections following this Section and preceding Section 3
  • 225 ILCS 10/20Should any Section, subdivision, clause, phrase or provision of this Act be held unconstitutional or invalid for any reason whatsoever, that holding shall not affect the validity of the remaining portions of this Act
  • 225 ILCS 10/2.01Child
  • 225 ILCS 10/2.01a"Homeless youth" has the same meaning as in Section 5 of "An Act creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named", approved June 4, 1963, as amended
  • 225 ILCS 10/2.01bYouth in care
  • 225 ILCS 10/2.02"Department" means the Illinois Department of Children and Family Services
  • 225 ILCS 10/2.03"Guardian" means the guardian of the person of a minor
  • 225 ILCS 10/2.04Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.05Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.06"Child care institution" means a child care facility where more than 7 children are received and maintained for the purpose of providing them with care or training or both
  • 225 ILCS 10/2.07Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.08Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.09Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.10Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.11Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.16"Group home" means a child care facility which provides care for no more than 10 children placed by and under the supervision of a licensed child welfare agency with these homes being owned or rented, staffed, maintained and otherwise operated by the agency
  • 225 ILCS 10/2.17Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.18"Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day
  • 225 ILCS 10/2.20"Group day care home" means a family home which receives more than 3 up to a maximum of 16 children for less than 24 hours per day
  • 225 ILCS 10/2.21"Youth Emergency Shelter" means a child care facility licensed by the Department to provide overnight shelter, and referral for other services, to homeless youth under 18 years of age in accordance with the requirements of this Act and applicable rules of the Department
  • 225 ILCS 10/2.22Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.22aQuality of care concerns applicant
  • 225 ILCS 10/2.23"Adoption-only home" means a home that receives a child placed by an Illinois licensed child welfare agency providing adoption services for the sole purpose of adoption
  • 225 ILCS 10/2.24Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.25"Unlicensed pre-adoptive and adoptive home" means any home that is not licensed by the Department as a foster family home and that receives a child or children for the purpose of adopting the child or children, but does not include an adoption-only home
  • 225 ILCS 10/2.26Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/2.27"Deemed compliant" means that an eligible agency is presumed to be in compliance with requirements, provided that the Department has determined that current COA standards are at least substantially equivalent to those requirements
  • 225 ILCS 10/2.28Non-licensed service provider
  • 225 ILCS 10/2.29Volunteer
  • 225 ILCS 10/2.30Placement disruption
  • 225 ILCS 10/2.31Secondary placement
  • 225 ILCS 10/2.32Adoption dissolution
  • 225 ILCS 10/2.33Unregulated placement
  • 225 ILCS 10/2.34Post-placement and post-adoption support services
  • 225 ILCS 10/2.35Qualified residential treatment program
  • 225 ILCS 10/2.36Certified relative caregiver
  • 225 ILCS 10/2.37Certified relative caregiver home
  • 225 ILCS 10/2.38Fictive kin
  • 225 ILCS 10/2.39Caregiver
  • 225 ILCS 10/2.40National consortium recommendations
  • 225 ILCS 10/3Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/3.01License or permit; Department of Early Childhood
  • 225 ILCS 10/3.1Licenses for secure child care facility
  • 225 ILCS 10/3.2Requirements for adoption-only homes
  • 225 ILCS 10/3.3Requirements for criminal background checks for adoption-only homes
  • 225 ILCS 10/3.4Standards for certified relative caregiver homes
  • 225 ILCS 10/3.5Group homes for adolescents diagnosed with autism
  • 225 ILCS 10/3.6Licenses for host homes
  • 225 ILCS 10/3.7Exemption from licensure; day care homes and group day care homes serving children of military personnel
  • 225 ILCS 10/3.8Licensed day care centers; immigration enforcement
  • 225 ILCS 10/4License requirement; application; notice
  • 225 ILCS 10/4.01License requirement; application; notice; Department of Early Childhood
  • 225 ILCS 10/4.1Criminal background investigations
  • 225 ILCS 10/4.2(a) No applicant may receive a license from the Department and no person may be employed by a licensed child care facility who refuses to authorize an investigation as required by Section 4.1
  • 225 ILCS 10/4.2aLicense eligibility; Department of Early Childhood
  • 225 ILCS 10/4.3Child abuse and neglect reports
  • 225 ILCS 10/4.3aChild Abuse and Neglect Reports; Department of Early Childhood
  • 225 ILCS 10/4.4For the purposes of background investigations authorized in this Act, "license applicant" means the operator or person with direct responsibility for daily operation of the facility to be licensed
  • 225 ILCS 10/4.4aBackground investigations; Department of Early Childhood
  • 225 ILCS 10/4.5Children with disabilities; training
  • 225 ILCS 10/4.6Vaccination requirements for employees
  • 225 ILCS 10/5(a) In respect to child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies and group homes, the Department, upon receiving application filed in proper order, shall examine the facilities and persons responsible for care of children therein
  • 225 ILCS 10/5.01Licenses; permits; Department of Early Childhood
  • 225 ILCS 10/5.1(a) The Department shall ensure that no day care center, group home, or child care institution as defined in this Act shall on a regular basis transport a child or children with any motor vehicle unless such vehicle is operated by a person who complies with the following requirements: 1
  • 225 ILCS 10/5.10Child care limitation on expulsions
  • 225 ILCS 10/5.11Plan for anaphylactic shock
  • 225 ILCS 10/5.12Day care centers operating hours
  • 225 ILCS 10/5.1aTransportation of children; day care centers
  • 225 ILCS 10/5.2Unsafe children's products
  • 225 ILCS 10/5.2aUnsafe children's products; Department of Early Childhood
  • 225 ILCS 10/5.3Lunches in day care homes
  • 225 ILCS 10/5.5Smoking in day care facilities
  • 225 ILCS 10/5.6Pesticide and lawn care product application at day care centers
  • 225 ILCS 10/5.7Fire inspections; authority
  • 225 ILCS 10/5.8Radon testing of licensed day care centers, licensed day care homes, and licensed group day care homes
  • 225 ILCS 10/5.9Lead testing of water in licensed day care centers, day care homes and group day care homes
  • 225 ILCS 10/6(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
  • 225 ILCS 10/6.1License renewal; Department of Early Childhood
  • 225 ILCS 10/7Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/7.01Minimum standards for licensing; Department of Early Childhood
  • 225 ILCS 10/7.1Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/7.10Licensing orientation program and progress report
  • 225 ILCS 10/7.2Employer discrimination
  • 225 ILCS 10/7.3Children placed by private child welfare agency
  • 225 ILCS 10/7.4Disclosures
  • 225 ILCS 10/7.5Adoptive parent training program
  • 225 ILCS 10/7.6Annual report
  • 225 ILCS 10/7.7Certain waivers prohibited
  • 225 ILCS 10/7.8Preferential treatment in child placement prohibited
  • 225 ILCS 10/7.9Excessive fees in adoption services prohibited
  • 225 ILCS 10/8Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/8.1Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/8.1aOther grounds for revocation or refusal to renew license; Department of Early Childhood
  • 225 ILCS 10/8.2The Department may issue a conditional license to any child care facility which currently is licensed under this Act
  • 225 ILCS 10/8.2aConditional license; Department of Early Childhood
  • 225 ILCS 10/8.3Tax exempt agency
  • 225 ILCS 10/8.4Cessation or dissolution of an agency
  • 225 ILCS 10/8.5Reporting suspected abuse or neglect
  • 225 ILCS 10/8.6Reporting suspected abuse or neglect; Department of Early Childhood
  • 225 ILCS 10/8aGrounds for revocation or refusal to renew license; Department of Early Childhood
  • 225 ILCS 10/9Professions, Occupations, and Business Operations › 225 ILCS 10 — Child Care Act of 1969
  • 225 ILCS 10/9.01Revocation or refusal to renew a license; Department of Early Childhood
  • 225 ILCS 10/9.1Before the Department initiates a full-scale investigation of any complaint received regarding a child care facility the Department may, when appropriate, provide procedures for the substantiation of the complaint
  • 225 ILCS 10/9.1aComplaint registry
  • 225 ILCS 10/9.1bComplaint procedures
  • 225 ILCS 10/9.1cPublic database of day care homes, group day care homes, and day care centers; license status
  • 225 ILCS 10/9.1dPublic list of qualified courses
  • 225 ILCS 10/9.1ePublic list of qualified courses; qualification and impartial oversight review process
  • 225 ILCS 10/9.1fPublic list of qualified courses; training for applicable State staff
  • 225 ILCS 10/9.2Toll free number; day care information

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