Section 225 ILCS 10/7 - [Effective 7/1/2026](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 (other than a day care center, day care home, or group day care home) 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. ;(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, and group 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;(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. The Department shall require proof that children enrolled in a facility (other than a day care center, day care home, or group day care home) 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;(16) Provisions requiring all licensed child care facility employees who care for newborns and infants to complete training every 3 years on the nature of sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS), and the safe sleep recommendations of the American Academy of Pediatrics (other than employees of a day care center, day care home, or group day care home); and(17) With respect to foster family homes, provisions requiring the Department to review quality of care concerns and to consider those concerns in determining whether a foster family home is qualified to care for children.(b) If, in a facility for general child care (other than a day care center, day care home, or group day care home), there are children diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, 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 and if the Department determines that the foster family home can provide a safe, appropriate environment and meet the physical and emotional needs of children.(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 (other than applicants and licensees of a day care center, day care home, or group day care home) 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 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 (other than providers at a day care center, day care home, or group day care home).(e) The Department shall distribute copies of licensing standards to all licensees and applicants for a license (other than licensees and applicants of a day care center, day care home, or group day care home). 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.(g) The Department shall distribute to each licensee and holder of a permit copies of the licensing or permit standards applicable to such person's facility (other than a day care center, day care home, or group day care home). 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 (other than standards of a day care center, day care home, or group day care home) 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.Amended by P.A. 103-0594,§ 95-10, eff. 7/1/2026.Amended by P.A. 103-0022,§ 45, eff. 8/8/2023.Amended by P.A. 102-0004,§ 95-5, eff. 4/27/2021.Amended by P.A. 100-0201,§ 455, eff. 8/18/2017.Amended by P.A. 099-0779,§ 10, eff. 1/1/2017.Amended by P.A. 099-0143,§ 565, eff. 7/27/2015.Amended by P.A. 098-0817,§ 5, eff. 1/1/2015.Amended by P.A. 097-0813,§ 390, eff. 7/13/2012.Amended by P.A. 097-0494,§ 5, eff. 8/22/2011.Amended by P.A. 097-0227,§ 79, eff. 1/1/2012.Amended by P.A. 097-0083,§ 5, eff. 1/1/2012.Amended by P.A. 096-0391,§ 5, eff. 8/13/2009.Amended by P.A. 094-0586, § 5, eff. 8/15/2005.P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; 90-14, eff. 7-1-97.This section is set out more than once due to postponed, multiple, or conflicting amendments.