Bill
SB 1438
Creates a distinct licensing pathway for small group homes (≤8 residents) serving disabled youth, with supervision, staffing age limit (19+), and clarified exclusions from general
Status (as introduced): Introduced Jan. 31, 2025; Sponsor: Sen. Doris Turner; Companion: HB 1119. (This summary addresses the Illinois version amending the Child Care Act of 1969.)
Purpose
- Create a distinct statutory category and regulatory framework for small residential group homes that serve children with developmental or intellectual disabilities, clarify which facilities are excluded from the general “child care institution” definition, and add related licensing and staffing rules.
Key provisions
- New definitions added to the Child Care Act (225 ILCS 10):
- “Group home for the developmentally or intellectually disabled” (proposed Sec. 2.16a): a child care facility providing residential care for no more than eight developmentally or intellectually disabled children at a single location; placements are by and under supervision of a licensed child welfare agency, Department of Human Services, or school district.
- “Child who resides in a group home for the developmentally or intellectually disabled” (proposed Sec. 2.16b): covers children up to age 22 who require such residential services because of developmental or intellectual disability and related needs for education and related services.
- Amendments to the definition of “child care institution” (Sec. 2.06) to explicitly exclude these group homes from that definition while still treating them as regulated child care facilities under other parts of the Act.
- Inserts the new group-home category into existing statutory provisions governing licensing standards, license applications, facility examinations, transportation, and other child care facility requirements (amendments to Sections 5, 5.1, 7; addition of Sec. 7.11).
- Staffing restriction: prohibits group homes for the developmentally/intellectually disabled from hiring any staff member under 19 years of age.
- Effective immediately (per the introduced bill text).
Who is affected
- Children (up to age 22) with developmental or intellectual disabilities and their families — clearer placement and oversight rules.
- Licensed child welfare agencies, Department of Human Services, and school districts responsible for placement and supervision.
- Operators/owners of small group homes (≤8 residents): will be subject to the new category’s licensing, staffing and operational rules.
- Prospective employees: minimum age requirement (19+) for staff in these group homes.
- Licensing and oversight entities: Department of Children/Family Services and other state agencies implementing licensing, inspections, and enforcement.
Potential impact and considerations
- Clarifies regulatory treatment and creates a tailored licensing pathway for small residential settings serving disabled youth, which may improve oversight and program specificity.
- The 8-bed cap and supervisory placement model aim to maintain smaller, agency-supervised settings; this could affect capacity, placement practices, and facility design.
- The minimum-staff-age requirement may narrow the labor pool for entry-level positions and affect staffing costs or hiring timelines.
- Implementation will require agencies to update licensing forms, standards, inspection protocols, and training materials.
Related bill: HB 1119 (companion).
Compiled from official sources — confirm details with the bill’s official record.
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