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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.)

 

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