Day Care Safety Policies & Protocols

Effective on December 9, 2025, the State of Illinois Governor JB Pritzker signed  HB 1312, a bill to strengthen protections for Immigrants in Illinois. The law reinforces protections for children, families and day care providers in the event of immigration enforcement at a day care center.

The Department of Children and Family Services (DCFS) and the Illinois Department of Early Childhood (IDEC) will support day care centers. The new provisions for licensed day cares include:

• Adopt non-discrimination policies ensuring all families can participate regardless of actual or perceived immigration status
• Develop written action plans by January 1, 2026 for interacting with law enforcement and reviewing judicial warrants or subpoenas
•  Establish formal procedures for seeking parental consent before releasing children's personal records (except when legally required)
• Update emergency contacts twice per year and formalize late pick-up protocols
• Notify families within a reasonable timeframe if immigration enforcement activity occurs at their center
• Refrain from threatening to disclose citizenship or immigration status information, except where required by federal law

Providers should refer to the following template for guidance on developing the newly required policies and protocols: Day Care Center Policy Template on Immigration Enforcement and Child and Family Privacy

These requirements must be adhered to by January 1, 2026. Providers who have questions should contact their day care licensing rep. 

Families can expect:

• Greater confidence that licensed day care centers are safe, welcoming spaces for all children
• Clear communication protocols from their providers
• Access to resources from DCFS and the IDEC, including information on family preparedness plans and guardianship forms