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Daycare Center and Family Home Forum>New Rule for Illinois Providers - Otherwise Known as Things That Make You Go Huh?
MyAngels 11:05 PM 04-29-2016
FTR I don't smoke, and no one in my family smokes, so this doesn't affect me at all, but I couldn't help but go Huh? when I got the notice of this new rule for Illinois providers:

"Child Care Act, Section 5.5 (Amended by P.A. 99-343) effective August 11, 2015, based upon U.S. Government findings regarding second hand smoke and its special risks to children's health, the following shall be monitored, recorded and regulated:

It is a violation for any person (provider, assistants, substitutes, parents, household members, friends and relatives) to smoke tobacco in any area of a licensed day care home or group day care home. This includes smoking in a licensed day care facility outside of times of operation and/or when children are not present. This is effective immediately."

The bolding is mine. I did have a discussion with my rep during my recent monitoring visit and we agree - how in the world are they ever going to enforce this? We are not required to give access during any time that we are not open.

My state is not known for its onerous rules, so this one has me scratching my head
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Thriftylady 04:55 AM 04-30-2016
Well DH and I used to smoke and did smoke in the house during off hours. We both quit 8 or so years ago so now our home is non-smoking. But I have a problem when government starts telling people what they can and can't do in the home they are paying for. Knowing what I do now about DD's asthma, I would have changed things I think. But at the end of the day, it is up to the parents to ask these questions and decide IMHO. I mean many parents smoke in the car and the house around their kids. Are they going to make that illegal too? Are they going to make it where no one can smoke in their house? How soon then will it be illegal to smoke outside? I guess to me it isn't just about smoking. It is more about the government overreaching and being controlling.
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Aussiedaycare 05:48 AM 04-30-2016
In Australia it is illegal to smoke in the car with children and it is illegal to smoke in some outside places. It has been this way for a few years now.
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DaveA 06:22 AM 04-30-2016


I don't smoke, but oh good grief. The way that reads ( in any area of a licensed day care home or group day care home) leads me to wonder how far they would push it. Technically my yard is a "licensed area". So when they put the windows in one guy took a smoke break while the other guy grabbed something from the shop they forgot. He went out of sight of the children and made sure to not leave a butt anywhere, but I guess if they wanted to I could be cited for letting that happen. Also, it specifies "tobacco". Have they said anything about medical marijuana? That opens a whole other can of worms. Sometimes I think they just pull stuff out of their a@@ just to see what happens.
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nannyde 07:24 AM 04-30-2016
Same as Iowa. Can smoke outside in non play areas
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Blackcat31 07:45 AM 04-30-2016
Originally Posted by MyAngels:
FTR I don't smoke, and no one in my family smokes, so this doesn't affect me at all, but I couldn't help but go Huh? when I got the notice of this new rule for Illinois providers:

"Child Care Act, Section 5.5 (Amended by P.A. 99-343) effective August 11, 2015, based upon U.S. Government findings regarding second hand smoke and its special risks to children's health, the following shall be monitored, recorded and regulated:

It is a violation for any person (provider, assistants, substitutes, parents, household members, friends and relatives) to smoke tobacco in any area of a licensed day care home or group day care home. This includes smoking in a licensed day care facility outside of times of operation and/or when children are not present. This is effective immediately."

The bolding is mine. I did have a discussion with my rep during my recent monitoring visit and we agree - how in the world are they ever going to enforce this? We are not required to give access during any time that we are not open.

My state is not known for its onerous rules, so this one has me scratching my head
Didn't your state also recently begin requiring providers to post a sign tnat you habe no guns on site too?

I couldn't remember if it was Illinois or Indiana..

More of the government's arm reaching through our businesses into our homes during family or non-operational hours
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nanglgrl 08:46 AM 04-30-2016
In Iowa we also have to post no-smoking signs on all of our entrances and exits. I've never had a parent try to walk into my house smoking...not in the last 12 years and not in the 90's when I did daycare for a few years. It looks tacky and just points out to passerbys that there is a daycare in my home aka a woman alone with small children all day. I hate the overreach. Yes I'm a business but not a typical business and I don't need ugly signs all over my windows and doors.
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sharlan 09:51 AM 04-30-2016
Same in CA.
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sahm1225 03:12 PM 04-30-2016
Originally Posted by MyAngels:
FTR I don't smoke, and no one in my family smokes, so this doesn't affect me at all, but I couldn't help but go Huh? when I got the notice of this new rule for Illinois providers:

"Child Care Act, Section 5.5 (Amended by P.A. 99-343) effective August 11, 2015, based upon U.S. Government findings regarding second hand smoke and its special risks to children's health, the following shall be monitored, recorded and regulated:

It is a violation for any person (provider, assistants, substitutes, parents, household members, friends and relatives) to smoke tobacco in any area of a licensed day care home or group day care home. This includes smoking in a licensed day care facility outside of times of operation and/or when children are not present. This is effective immediately."

The bolding is mine. I did have a discussion with my rep during my recent monitoring visit and we agree - how in the world are they ever going to enforce this? We are not required to give access during any time that we are not open.

My state is not known for its onerous rules, so this one has me scratching my head
Did you get a letter in the mail about this? I haven't heard about this at all, but were a non-smoking home so it's not a big deal.

I loved when they sent the letter a few years ago in June saying that as of that previous March we were required to do radon testing!

It drives me crazy that they would update things and not inform us. The guidelines are over 100 pages and it's not that easy to go and reread it every few months to double check what has changed.
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Unregistered 06:29 PM 04-30-2016
A child care organization here sent out an email saying that there was a bill proposing that parents be allowed access to our homes even during non-business hours. Apparently enough people fought it and it was removed ftom the bill.
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MyAngels 07:57 PM 04-30-2016
Originally Posted by Blackcat31:
Didn't your state also recently begin requiring providers to post a sign tnat you habe no guns on site too?
Yes, but it's actually a sign that came into existence after Illinois passed (finally) a concealed carry law. It doesn't signify that there are no guns on the premises, but that guns are not to be brought into the premises by others.

We're allowed to have long guns, but no pistols unless someone lives in the home that's required to have one (i.e, police officer).
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MyAngels 08:00 PM 04-30-2016
Originally Posted by sahm1225:
Did you get a letter in the mail about this? I haven't heard about this at all, but were a non-smoking home so it's not a big deal.

I loved when they sent the letter a few years ago in June saying that as of that previous March we were required to do radon testing!

It drives me crazy that they would update things and not inform us. The guidelines are over 100 pages and it's not that easy to go and reread it every few months to double check what has changed.
I got a letter by e-mail from my rep. It had this, the concealed carry signage requirement, the MMR shot/immunity requirement and the food handler certificate requirement in it, too.

I had heard about the gun sign and the MMR shots, but the other two were news to me
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sahm1225 09:11 PM 04-30-2016
Originally Posted by MyAngels:
I got a letter by e-mail from my rep. It had this, the concealed carry signage requirement, the MMR shot/immunity requirement and the food handler certificate requirement in it, too.

I had heard about the gun sign and the MMR shots, but the other two were news to me
Are you a group home? I haven't heard about any of this! I even looked up the guidelines and there's nothing on there. Then I looked up the section code you posted above and i found a letter dated March 7, 2016.

On the guidelines it says we aren't allowed to have any guns even if we have the conceal permit. Did that change??

And what is this about an mmr shot and food handling?

It drives me crazy the lack of communication!
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MyAngels 09:10 PM 05-01-2016
Originally Posted by sahm1225:
Are you a group home? I haven't heard about any of this! I even looked up the guidelines and there's nothing on there. Then I looked up the section code you posted above and i found a letter dated March 7, 2016.

On the guidelines it says we aren't allowed to have any guns even if we have the conceal permit. Did that change??

And what is this about an mmr shot and food handling?

It drives me crazy the lack of communication!
No, I'm not a group home. I'll see if I can find the letter and post it. I noticed none of it is mentioned in the regs as of yet. I originally saw the MMR shot and the concealed carry signage stuff in a mass mailing from DCFS last fall, but this latest letter was from my local DCFS office, not the usual mass mailing that we usually get.

I'm not aware of any change to the regs as far as having guns in the house. It's always been long guns are allowed if stored per the regs and the parents are notified either verbally or in writing, and pistols are not allowed at all unless there's someone living in the house who has to possess a handgun for their job.
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MyAngels 09:45 PM 05-01-2016
Well shoot, it says the files are too large to post here, but you can find most of the changes here:

https://www.illinois.gov/dcfs/aboutu...providers.aspx

The policy guides have everything but the firearm signage - that's mentioned in the December 2015 notice to providers.

HTH
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sahm1225 06:53 AM 05-02-2016
Thanks for posting. I had a visit just recently and none of this was mentioned. Drives me crazy sometimes!

Do you know what the food handling one is about? Does it apply to daycare homes? I guess I can call the food program about it too
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MyAngels 07:48 AM 05-02-2016
Originally Posted by sahm1225:
Thanks for posting. I had a visit just recently and none of this was mentioned. Drives me crazy sometimes!

Do you know what the food handling one is about? Does it apply to daycare homes? I guess I can call the food program about it too
I don't think it has anything to do with the food program, just DCFS licensing, and it does apply to daycare homes. I went to: https://illinois.foodhandlerclasses.com/default.aspx and took an online class. It cost $7.00 and took less than an hour, then you can print out the certificate which is good for 3 years. This is required by 7/1/16 I think.
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Annalee 10:02 AM 05-02-2016
The no smoking is in place in my state as well....Health/environment makes us post no smoking signs at front/back doors.....or a violation?????
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grandmom 04:05 PM 05-03-2016
Originally Posted by MyAngels:
Yes, but it's actually a sign that came into existence after Illinois passed (finally) a concealed carry law. It doesn't signify that there are no guns on the premises, but that guns are not to be brought into the premises by others.

We're allowed to have long guns, but no pistols unless someone lives in the home that's required to have one (i.e, police officer).
Where in the 2nd Ammendment is that possible? How can a licensing agency top a Constitutional right?
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