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IllinoisHB3439104th General Assembly (2025–2026)HouseWALLET

CHILD CARE BACKGROUND CHECK

Sponsored By: Joyce Mason (Democratic)

Became Law

child care accessibility & early childhood educationassignmentschild welfare

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Licensing orientation for new child care providers

The Department hosts child care licensing orientation in person and online. It offers programs at least twice each year in every Illinois Representative District, subject to funding. If someone asks, the Department offers the program in another language.

Stronger background checks for child care staff

Child care license applicants, employees, and volunteers must allow a criminal background check that lists any charges and outcomes. They must submit fingerprints to the Illinois State Police for state and FBI checks. Employees and volunteers at day care sites must be rechecked every 5 years. The State Police may charge a fee, capped at the actual cost. The State Police give the Department of Children and Family Services (DCFS) criminal charge and outcome information when DCFS asks in the required way.

Child care probationary hires with supervision

Child care providers may hire someone on a probationary basis after a qualifying background result. The qualifying result can be an FBI fingerprint check, or an Illinois State Police fingerprint check plus checks from states lived in over the past 5 years. Until full clearance, the probationary worker must be supervised at all times by someone fully cleared. DCFS allows this through June 30, 2026; the Department of Early Childhood takes over on July 1, 2026.

Yearly child care licensing report and coordination

By September 30 each year, the Department of Early Childhood sends the General Assembly a report on child day care licensing goals and results. The report includes funding details, staff qualifications, data since fiscal year 2010, quarterly performance measures, and work with the Human Services Department and State Board of Education. The Department also works with the Governor’s Early Learning Council on child day care issues.

Privacy and fair use of background checks

Before final action, an applicant, employee, or volunteer can ask for the conviction information used in their check. Facility operators receive State Police conviction information about staff and applicants, and individuals can get their own on request. The Department keeps criminal records confidential and may share them only as the law allows. It is a Class A misdemeanor to share this confidential information unlawfully. Providers and the Department may use only criminal history that reasonably relates to child care job performance. Facilities must tell applicants before hiring that a job may end based on background results.

Sponsors & Cosponsors

Sponsor

  • Joyce Mason

    Democratic • House

Cosponsors

  • Adriane Johnson

    Democratic • Senate

  • Camille Y. Lilly

    Democratic • House

  • Graciela Guzmán

    Democratic • Senate

  • Janet Yang Rohr

    Democratic • House

  • Kelly M. Cassidy

    Democratic • House

  • Margaret Croke

    Democratic • House

  • Suzanne M. Ness

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 210 • No: 0

Senate vote • 5/22/2025

Third Reading - Passed;

Yes: 58 • No: 0

Senate vote • 4/30/2025

Do Pass Child Welfare;

Yes: 8 • No: 0

House vote • 4/9/2025

Third Reading - Short Debate - Passed

Yes: 116 • No: 0

House vote • 4/8/2025

House Floor Amendment No. 2 Recommends Be Adopted Child Care Accessibility & Early Childhood Education;

Yes: 13 • No: 0

House vote • 3/20/2025

Do Pass as Amended / Short Debate Child Care Accessibility & Early Childhood Education;

Yes: 15 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0307

    8/15/2025House

  2. Effective Date January 1, 2026

    8/15/2025House

  3. Governor Approved

    8/15/2025House

  4. Sent to the Governor

    6/20/2025House

  5. Added as Alternate Co-Sponsor Sen. Graciela Guzmán

    5/27/2025Senate

  6. Passed Both Houses

    5/22/2025House

  7. Third Reading - Passed; 058-000-000

    5/22/2025Senate

  8. Placed on Calendar Order of 3rd Reading **

    5/20/2025Senate

  9. Placed on Calendar Order of 3rd Reading May 6, 2025

    5/1/2025Senate

  10. Second Reading

    5/1/2025Senate

  11. Placed on Calendar Order of 2nd Reading May 1, 2025

    4/30/2025Senate

  12. Do Pass Child Welfare; 008-000-000

    4/30/2025Senate

  13. Assigned to Child Welfare

    4/23/2025Senate

  14. Referred to Assignments

    4/10/2025Senate

  15. First Reading

    4/10/2025Senate

  16. Chief Senate Sponsor Sen. Adriane Johnson

    4/10/2025Senate

  17. Placed on Calendar Order of First Reading

    4/10/2025Senate

  18. Arrive in Senate

    4/10/2025Senate

  19. Added Co-Sponsor Rep. Janet Yang Rohr

    4/9/2025House

  20. Third Reading - Short Debate - Passed 116-000-000

    4/9/2025House

  21. Placed on Calendar Order of 3rd Reading - Short Debate

    4/9/2025House

  22. House Floor Amendment No. 2 Adopted

    4/9/2025House

  23. Added Co-Sponsor Rep. Camille Y. Lilly

    4/8/2025House

  24. House Floor Amendment No. 2 Recommends Be Adopted Child Care Accessibility & Early Childhood Education; 013-000-000

    4/8/2025House

  25. House Floor Amendment No. 2 Rules Refers to Child Care Accessibility & Early Childhood Education

    4/7/2025House

Bill Text

  • Engrossed

    PDF

  • Enrolled

    PDF

  • House Amendment 1

    PDF

  • House Amendment 2

    PDF

  • Introduced

    PDF

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