Illinois 2025-2026 Regular Session

Illinois House Bill HB3439

Introduced
2/7/25  
Refer
2/18/25  
Refer
3/11/25  
Report Pass
3/20/25  
Engrossed
4/9/25  
Refer
4/10/25  
Refer
4/23/25  
Report Pass
4/30/25  
Enrolled
5/22/25  
Chaptered
8/15/25  

Caption

CHILD CARE BACKGROUND CHECK

Summary

HB3439 amends the Illinois Child Care Act of 1969, primarily updating criminal background check rules for child care facilities and related providers. The bill requires employees and volunteers of day care centers, day care homes, and group day care homes to undergo background investigations every five years, consistent with federal Child Care and Development Block Grant requirements. It also authorizes probationary hiring after a qualifying background check result, provided the individual is supervised at all times until all background check requirements are fully cleared. The bill also revises the process for criminal history screening and information sharing. It directs the Department of Children and Family Services and, beginning July 1, 2026, the Department of Early Childhood to use FBI fingerprint checks or Illinois State Police checks plus checks of other states where the person lived during the prior five years. It preserves confidentiality of criminal charge information obtained by the agencies, but requires conviction information to be shared with the facility operator and, upon request, with the applicant, employee, or volunteer before final agency action. Unauthorized disclosure remains a Class A misdemeanor. Beyond background checks, HB3439 expands administrative and reporting requirements for child day care licensing. It requires the Department of Early Childhood to host licensing orientation programs in person and virtually, at least twice annually in each legislative district, and to provide language accommodations when requested. It also mandates an annual report to the General Assembly covering staffing, funding sources, expenditures, caseloads, application processing times, monitoring visits, complaints, orientation availability, training offerings, and coordination with other agencies on professional development and QRIS-related issues. The bill’s impact on state law is to tighten and modernize child care licensing oversight while adding transparency and operational reporting obligations for the state’s child care licensing system. It shifts responsibilities from DCFS to the Department of Early Childhood as that agency assumes licensing duties, and it updates statutory references to reflect the transition. The affected parties are child care centers, day care homes, group day care homes, non-licensed service providers, applicants, employees, volunteers, and the state agencies that conduct and manage background checks and licensing oversight. The overall sentiment appears strongly supportive and noncontroversial. The bill passed the House 116-0 and a Senate motion 57-0, indicating broad bipartisan agreement. No committee transcript concerns are available, and the unanimous votes suggest the measure was viewed as a routine child safety and administrative modernization bill rather than a contested policy change.

Impact

HB3439 amends Sections 4.1 and 7.10 of the Child Care Act of 1969. It updates criminal background investigation requirements for child care facility applicants, employees, and volunteers, including five-year rechecks for day care centers, day care homes, and group day care homes, expanded fingerprint-based screening, and probationary hiring rules with supervision requirements. It also adds confidentiality and disclosure rules for criminal history information and imposes a Class A misdemeanor for unauthorized release. In addition, it creates new licensing orientation and annual reporting obligations for the Department of Early Childhood and aligns statutory language with the transfer of licensing responsibilities from DCFS to the new department.

Sentiment

The bill appears to have had very strong support and little visible opposition. It passed the House unanimously (116-0) and later cleared a Senate motion unanimously (57-0). With no committee transcript debate available, the voting record suggests lawmakers broadly agreed with the bill’s child-safety focus, administrative updates, and reporting requirements.

Contention

No major contention is evident in the available record. The only issues that could have prompted discussion are the expanded background check requirements, the probationary hiring provision, the added reporting burden on the Department of Early Childhood, and the transition of licensing authority from DCFS to the new department. However, the unanimous votes indicate these provisions were not politically divisive and likely reflected consensus around child care safety and oversight.

Companion Bills

No companion bills found.

Previously Filed As

IL HB5217

FEDERAL BACKGROUND CHECKS

IL SB3636

FEDERAL BACKGROUND CHECKS

IL HB5099

DEC-DAY CARE CRIMINAL CHECKS

IL SB3641

DEC-DAY CARE CRIMINAL CHECKS

IL SB4001

SCH CD-SUB BACKGROUND CHECK

IL HB2521

SCH CD-CRIMINAL HISTORY CHECK

IL SB3138

CHILDREN'S MENTAL HLTH ACT

IL HB4714

CHILDREN'S MENTAL HLTH ACT

IL HB4587

CHILD CARE DIRECTORS

IL SB0324

CHILDREN-TECH

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