ILLINOIS REGISTER

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

NOTICE OF PROPOSED AMENDMENTS

1)Heading of the Part: Licensing Standards for Day Care Homes

2)Code Citation: 89 III. Adm. Code 406

3)Section Numbers:Proposed Actions

406.2Amendment

406.4Amendment

406.8Amendment

406.9Amendment

406.12Amendment

4)Statutory Authority:

Child Care Act of 1969 [225 ILCS 10],

5)A Complete Description of the Subjects and Issues Involved:

These revisionscontain standards governing the testing of drinking water for the presence of lead in child day care facilities serving children birth to age six years, the notification of testing results to the Department and families of children in licensed child day care facilities, mitigation when positive lead results are identified and the training of licensees. The proposed amendments include:

  • Adding the definition of water profile;
  • Identifies current homes built before January 1, 2000 licensed to serve children birth to six years must test all sources of drinking water for the presence of lead;
  • Require new applicants for child care facility license to submit their lead in water testing results and mitigation plans if required to the Department with their initial application for license.;
  • Requires licensee’s to notify their local licensing office and parents of children enrolled of testing results, mitigation plans if required and where these documents are posted within the licensed day care facility;
  • Requires retesting in facilities where positive results were identified within 6 months of positive test results and the development of a mitigation plan and retesting annually until at least 2 consecutive annual tests indicate no lead present in the facility’s water.
  • Requires retesting when there is a change to the facility’s water profile;
  • The Department reserves the right to require testing upon suspicion of misrepresenting the construction date of the building, submitting false or altered testing results, failing to follow mitigation remedies, or other actions that may compromise the health and welfare of children. ;
  • Training for licensees of child care facilities in lead exposure and mitigation

6)Published studies and reports, and sources of underlying data used to compose this rulemaking: None

7)Will these proposed amendments replace an emergency rule currently in effect? Yes

8)Do these proposed amendments contain an automatic repeal date? No

9)Do these proposed amendments contain incorporations by reference? No

10)Are there any other amendments pending on this Part? No

11)Statement of Statewide Policy Objectives: This rulemaking does not create or expand the state mandate as defined in Section 3(b) of the State Mandates Act [30 ILCS 805/3(b)].

12)Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:

Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice. Comments should be submitted to:

Jeff Osowski

Office of Child and Family Policy

Department of Children and Family Services

406 E. Monroe, Station #65

Springfield, Illinois 62701-1498

Telephone: (217) 524-1983

TDD: (217) 524-3715

Fax: (217)557-0692

E-Mail:

The Department will consider fully all written comments on this proposed rulemaking submitted during the 45-day comment period. Comments submitted by small businesses should be identified as such.

13)Initial Regulatory Flexibility Analysis:

A)Types of small businesses affected: Day Care Homes licensed by DCFS

B)Reporting, bookkeeping or other procedures required for compliance: Licensees required to test their drinking water for the presence of lead will be required to notify parents of enrolled children and DCFS if they receive positive test results. Licensees will be required to conduct retesting in a timely manner and report those test results until negative results are obtained on two samples all facilities will be required to test if their water profile changes these facilities will be required to follow the same notification requirements.

C)Types of professional skills necessary for compliance: Day Care Home licensees will be required to utilize the services of a laboratory, certified by Illinois Environmental Protection Agency to test for lead in drinking water for all testing services.

14)Regulatory Agenda on which this rulemaking was summarized: The rulemaking was not included on either of the 2 most recent regulatory agendas because the need for the rulemaking was not anticipated.

The full text of the Proposed Amendments begins on the next page.