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Public Act 094-0943

HB4135 Enrolled

LRB094 14037 DRJ 48920 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

    Section 5. The Children and Family Services 
        Act is amended

by changing Section 5c as follows:

(20 ILCS 505/5c)

    Sec. 5c. Direct child welfare service employee 
        license.

(a)

 By 
        January 1, 2000, the Department, in consultation

with private child welfare agencies, shall develop 
        and

implement a direct child welfare service employee 
        license. By

January 1, 2001 all child protective investigators 
        and

supervisors and child welfare specialists and 
        supervisors

employed by the Department or its contractors 
        shall be required

to demonstrate sufficient knowledge and skills to 
        obtain and

maintain the license. The Direct Child Welfare 
        Service Employee

License Board of the Department shall have the 
        authority to

revoke or suspend the license of anyone who after 
        a hearing is

found to be guilty of misfeasance. The Department 
        shall

promulgate such rules as necessary to implement 
        this Section.

(b) If a direct child welfare 
        service employee licensee is

expected to transport a child or children with 
        a motor vehicle

in the course of performing his or her duties, 
        the Department

must verify that the licensee meets the 
        requirements set forth

in Section 5.1 of the Child Care Act of 1969. 
        The Department

must make that verification as to each such 
        licensee every 2

years. Upon the Department's request, the 
        Secretary of State

shall provide the Department with the 
        information necessary to

enable the Department to make the verifications 
        required under

this subsection. If the Department discovers 
        that a direct

child welfare service employee licensee has 
        engaged in

transporting a child or children with a motor 
        vehicle without

having a valid driver's license, the Department 
        shall


`immediately revoke the individual's direct child welfare`
`service employee license.`
`(c)On or before January 1, 2000, and every year`
`thereafter, the Department shall submit an annual report to the`
`General Assembly on the implementation of this Section.`
`(Source: P.A. 92-471, eff. 8-22-01.)`
`Section 10. The Child Care Act of 1969 is amended by`
`changing Section 5.1 as follows:`
`(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)`
`Sec. 5.1. (a) The Department shall` `ensure` ~~`assure`~~`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`~~`that`~~`complies with the following`
`requirements:`
`1. is 21 years of age or older;`
`2. currently holds a valid driver's license, which has`
`not been revoked or suspended for one or more traffic`
`violations during the 3 years immediately prior to the date`
`of application;`
`3. demonstrates physical fitness to operate vehicles`
`by submitting the results of a medical examination`
`conducted by a licensed physician;`
`4. has not been convicted of more than 2 offenses`
`against traffic regulations governing the movement of`
`vehicles within a twelve month period;`
`5. has not been convicted of reckless driving or`
`driving under the influence or manslaughter or reckless`
`homicide resulting from the operation of a motor vehicle`
`within the past 3 years;`
`6. has signed and submitted a written statement`
`certifying that he has not, through the unlawful operation`
`of a motor vehicle, caused an accident which resulted in`
`the death of any person within the 5 years immediately`


`prior to the date of application.`
`However, such day care centers, group homes and child care`
`institutions may provide for transportation of a child or`
`children for special outings, functions or purposes that are`
`not scheduled on a regular basis without verification that`
`drivers for such purposes meet the requirements of this`
`Section.`
`(a-5) As a means of ensuring compliance with the`
`requirements set forth in subsection (a), the Department shall`
`implement appropriate measures to verify that every individual`
`who is employed at a group home or child care institution meets`
`those requirements.`
`For every individual employed at a group home or child care`
`institution who regularly transports children in the course of`
`performing his or her duties, the Department must make the`
`verification every 2 years. Upon the Department's request, the`
`Secretary of State shall provide the Department with the`
`information necessary to enable the Department to make the`
`verifications required under subsection (a).`
`In the case of an individual employed at a group home or`
`child care institution who becomes subject to subsection (a)`
`for the first time after the effective date of this amendatory`
`Act of the 94th General Assembly, the Department must make that`
`verification with the Secretary of State before the individual`
`operates a motor vehicle to transport a child or children under`
`the circumstances described in subsection (a).`
`In the case of an individual employed at a group home or`
`child care institution who is subject to subsection (a) on the`
`effective date of this amendatory Act of the 94th General`
`Assembly, the Department must make that verification with the`
`Secretary of State within 30 days after that effective date.`
`If the Department discovers that an individual fails to`
`meet the requirements set forth in subsection (a), the`
`Department shall promptly notify the appropriate group home or`
`child care institution.`
`(b) Any individual who holds a valid Illinois school bus`


`driver permit issued by the Secretary of State pursuant to The`
`Illinois Vehicle Code, and who is currently employed by a`
`school district or parochial school, or by a contractor with a`
`school district or parochial school, to drive a school bus`
`transporting children to and from school, shall be deemed in`
`compliance with the requirements of subsection (a).`
`(c) The Department may, pursuant to Section 8 of this Act,`
`revoke the license of any day care center, group home or child`
`care institution that fails to meet the requirements of this`
`Section.`
`(d) A group home or child care institution that fails to`
`meet the requirements of this Section is guilty of a petty`
`offense and is subject to a fine of not more than $1,000. Each`
`day that a group home or child care institution fails to meet`
`the requirements of this Section is a separate offense.`
`(Source: P.A. 88-612, eff. 7-1-95.)`