Illinois Rep. Mason’s child care background check bill passes House and Senate

Passed bill authored by State Rep. Joyce Mason aims to enhance child care safety by modifying background check procedures and transferring licensing duties to the Department of Early Childhood, with reporting and orientation provisions, according to the Illinois General Assembly.

In the House, 76 Democrats and 40 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 39 Democrats and 19 Republicans voted in favor of the bill.

Mason introduced the bill in the Illinois House on Feb. 7, 2025 during the 104th session.

The legislation, known as HB3439, was passed on May 22, 2025 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department’s consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child’s identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the Child Care Act of 1969 to modify requirements for criminal background checks for child care facility applicants, employees, and volunteers. It mandates fingerprint submissions and checks against state and federal databases, with results guiding employment decisions. The bill allows probationary employment, with supervision requirements, pending full clearance of background checks. It requires confidentiality of obtained information and outlines penalties for unauthorized disclosures. Moreover, the bill stipulates the transfer of day care licensing responsibilities to the Department of Early Childhood by July 1, 2026, and mandates annual reports to the General Assembly regarding progress and performance measures related to child care licensing. Additionally, it requires hosting orientation programs for daycare providers at least twice annually, addressing funding, staff qualifications, service coordination, and comprehensive reporting. These changes become effective on July 1, 2026.

The bill was sponsored by Sen. Adriane Johnson (Democrat-30th District), Rep. Camille Y. Lilly (Democrat-78th District), and Sen. Graciela Guzmán (Democrat-20th District), along with four other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Manson graduated from the University of Illinois at Chicago in 1991 with a BA.

Manson, a Democrat, was elected to the Illinois State House in 2019 to represent the state’s 61st House District, replacing previous state representative Sheri Jesiel.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.