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HB 5099

DEC-DAY CARE CRIMINAL CHECKS

104th Regular Session Introduced by Sharon Chung and 3 co-sponsors

DEC takes over fingerprint-based background checks for day-care providers starting July 1, 2026, centralizing clearance while allowing provisional hires with supervision.

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Bill Summary · HB 5099

Summary of HB5099 (104th Illinois General Assembly)

Purpose and intent

  • Transfer the authority and responsibility for fingerprint-based criminal history checks of day-care providers from the Department of Children and Family Services (DCFS) to the Department of Early Childhood (DEC), effective July 1, 2026.
  • Require day-care license applicants, employees, and volunteers to authorize criminal background investigations and to submit fingerprints for state and federal background checks.
  • Align related background-check processes with the Child Care Act of 1969 and the Department of Early Childhood Act, with transitional provisions and probationary hiring allowances during the clearance process.

Key provisions and changes

  • Transfer of background-check authority

    • Beginning July 1, 2026, DEC assumes authority and responsibility to conduct fingerprint-based criminal history checks for providers at:
    • Day care centers
    • Part-day child care facilities
    • Day care homes
    • Group day care homes
    • This transfer moves responsibilities previously held by DCFS to DEC under the Department of Early Childhood Act (Section 80-5).

  • Background check requirements for applicants and volunteers

    • Each day-care license applicant and each applicant, employee, and volunteer of a licensed day-care facility must authorize an investigation to determine if they have ever been charged with a crime and the disposition of those charges.
    • The authorization must specify the scope of inquiry and contactable agencies.
    • Investigations are required for:
    • License applicants
    • Employees and volunteers of licensed facilities
    • Employees and volunteers of non-licensed day-care service providers (as applicable)
    • Investigations for employees/volunteers at day-care centers/homes are required every 5 years (consistent with the Child Care and Development Block Grant).

  • Fingerprinting and records checks

    • Applicants must submit fingerprints to the Illinois State Police (ISP) in a form prescribed by ISP.
    • Fingerprints are checked against:
    • ISP state and federal (FBI) criminal history databases
    • ISP charges a fee for the background check; fees go to the State Police Services Fund and must reflect actual costs.
    • ISP will provide information on charges and dispositions to the Department upon request.
    • Conviction information obtained will be provided to applicants, employees, or volunteers upon request prior to final agency action.

  • Confidentiality and use of information

    • Information about criminal charges and dispositions obtained is confidential and may only be used for evaluating an application or an individual’s eligibility in the licensed/day-care setting.
    • Release of confidential information outside the specified purposes is prohibited, with penalties for improper disclosure (Class A misdemeanor).

  • Probationary hiring and supervision during clearance

    • Through June 30, 2026 (DCFS) or after July 1, 2026 (DEC), facilities may hire on a probationary basis any applicant who has authorized the background check and who has received a qualifying result from either:
    • FBI fingerprint background check; or
    • ISP fingerprint background check plus a state-criminal-history check for each state of residence in the previous 5 years.
    • Pending full clearance, the prospective employee/volunteer must be supervised at all times by someone who has a qualifying result on all components.
    • Employees and volunteers must be informed that employment may be terminated based on background-information findings.

  • General alignment with licensing and licensing transfers

    • Beginning July 1, 2026, DEC will manage all licensing aspects for day-care centers, day-care homes, and group day-care homes (as contemplated in the Child Care Act of 1969) and will implement the background-check requirements described above.

  • Applicable sections and definitions

    • The bill revises sections of the Child Care Act of 1969 (225 ILCS 10) and the Department of Early Childhood Act (325 ILCS 3/10-15 and 325 ILCS 3/20-25) to reflect the new processes, definitions, and responsibilities, including central concepts like “third-party vendor,” “early intervention,” and related terms as they pertain to licensing and background checks.

Who is affected

  • Day-care license applicants
  • Licensed day-care facility employees and volunteers
  • Non-licensed day-care service providers
  • Day-care centers, day-care homes, group day-care homes, and part-day facilities operating under the Child Care Act of 1969
  • Departments: Department of Early Childhood (new lead) and Department of Children and Family Services (transition period)

Procedural and timeline aspects

  • Effective date: July 1, 2026
  • Transitional provisions run through June 30, 2026, during which DCFS and DEC coordinate the transition.
  • Annual/5-year renewal cycle: background investigations for employees/volunteers occur every 5 years, as required by funding rules (e.g., Child Care and Development Block Grant).
  • Prohibition on improper disclosure and penalties for improper handling of confidential background information (Class A misdemeanor).

Practical impact

  • Strengthened and centralized background-check framework under DEC starting 2026.
  • Potentially longer onboarding timelines due to the need for full background clearance, with a provisional hire path allowing supervision until clearance is complete.
  • Fees for background checks are set by ISP and must reflect actual costs, with funds directed to the State Police Services Fund.
  • Greater transparency for applicants and staff, with explicit rights to obtain conviction information prior to final licensing actions.

Note: This summary reflects the introduced text and the amendments as described; subsequent amendments or administrative rules could adjust details.

Compiled from official sources — confirm details with the bill’s official record.

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