A new Illinois law expands background check requirements for child care and related businesses—here's what changed and what you need to do.
Most Illinois child care owners don't realize that a provision buried deep in HB5099 has quietly expanded who must undergo fingerprint-based background checks—and what their businesses must do to comply.
The law, which became effective upon passage (Section 99), created a new statewide mandate affecting any small business that qualifies as a "qualified entity." For child care operators, this is a broad definition: it includes for-profit businesses providing care, supervision, education, recreation, or training to children, as well as to elderly or disabled persons.
Under Section 5 of HB5099 (codified as 20 ILCS 2630/3.4, pages 13–17), qualifying businesses must now:
The requirement applies to applicants—a term the law defines broadly to include anyone seeking employment, volunteer positions, or other roles at the facility. There is no sunset date stated in the legislation, meaning this is a permanent requirement.
If your child care business falls under the "qualified entity" definition, you cannot hire or place volunteers without completing this process. The fingerprint submission must go through a licensed livescan vendor, not through traditional paper fingerprinting. This means you'll need to identify a compliant vendor in your area, budget for state police fees, and build the waiver and documentation steps into your hiring workflow.
The law's broad language—covering businesses that provide "care, supervision, education, recreation, or training" to children—means many small operators who didn't previously think of themselves as subject to state background check mandates may now be affected. This includes after-school programs, tutoring centers, recreation facilities, and similar operations.
Review the definition of "qualified entity" in your business model. If you provide any of the covered services to children, you should assume the requirement applies. Locate a licensed livescan vendor near your facility, clarify the Illinois State Police fee structure, and update your hiring documents to include the required signed waiver. Document your compliance process in writing.
Because the law became effective immediately upon passage and contains no sunset provision, there is no grace period. Compliance is required now.
The full text of HB5099, Section 5 (20 ILCS 2630/3.4), is available in the Illinois General Assembly archives. Many trade associations and local business resources have published detailed guides tailored to specific child care settings—a free, business-specific summary may be helpful as you implement these changes.