Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 412 - LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS › Section 412.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accredited College or University", for purposes of this Part,
				means a college or university that has been accredited by a regional or
				national institution accrediting association recognized by the U.S. Department
				of Education or non-governmental recognition counterpart.
"Act" means the Children and Family Services Act [20 ILCS 505
				].
"Administrative Law Judge" or "ALJ" means a licensed attorney
				who is appointed by the Director of the Department and is responsible for
				conducting pre-hearings, motion hearings, and the administrative hearing, and
				issuing a recommended decision.
"Affirmative Defense" means a reason that, assuming the factual
				charges are true, operates to limit or excuse the licensure action.
"Another Jurisdiction" means a different entity that issues a
				license or certification that is subject to regulation by that entity.
"Authorized Representative" means a contractual employee or
				person, including an attorney, authorized in writing by a licensee to assist in
				the administrative hearing process.
"Board" means the Direct Child Welfare Service Employee License
				Board created by Section 5d of the Act.
"Case Management Services" means services that include the
				assessment and identification of client needs, the identification of available
				resources to meet client needs, the development of an individualized service
				plan, the coordination, monitoring and evaluation of services for each client,
				and advocacy for a client to assure that services and resources are accessible
				and provided.
"Child Care Act" means the Child Care Act of 1969 [225 ILCS 10
				].
"Chief Administrative Law Judge" or "Chief ALJ" means the
				person who is responsible for the supervision of the Administrative Law Judges
				and the coordination of the administrative hearing process.
"Child Protection Investigation" means a child abuse and
				neglect investigation that is conducted in accordance with 89 Ill. Adm. Code
				300 (Reports of Child Abuse and Neglect).
"CWEL" means direct child welfare service employee
				licensure.
"CWEL Investigation" means an investigation authorized by the
				Emergency Licensure Review Team pursuant to Section
				412.60.
"Department" or "DCFS" means the Department of Children and
				Family Services.
"Department Representative" means the person who is responsible
				for presenting the Department's case under this Part.
"Direct Child Welfare Service Employee" means a contractual
				employee or person employed by the Department or a purchase of service agency
				(i.e., child welfare agency, group home, child care institution, maternity
				center, and child care facility) who carries assigned cases, conducts child
				protective investigations, makes recommendations or approves placement
				decisions, recommends or approves family reunification decisions, provides
				casework to intact/family preservation cases, or makes licensing decisions, or
				anyone who provides direct supervision to any of these employees or makes
				case-related decisions. Individuals responsible for making licensing decisions
				for domestic and foreign adoption only agencies and who do not make placement
				decisions are not required to be licensed under this Part.
"Emergency Licensure Review Team" or "ELRT" means a committee
				consisting of a representative from the Office of Child Welfare Employee
				Licensure, a representative from the Office of the Inspector General, and the
				Chairperson of the Board. In the event the Chairperson is not available, the
				Vice-Chairperson may stand in for the Chairperson.
"Employee Who Carries Assigned Cases" means an employee
				assigned responsibility for a case opened in the Statewide Automated Child
				Welfare Information System (SACWIS) and Child and Youth Centered Information
				System (CYCIS).
"Exchange of Information", for purposes of this Part, means the
				rights of any party to request and have access to, in advance of the
				pre-hearing, any documents, inculpatory and exculpatory evidence, and list of
				witnesses in the possession of any other party.
"Final Administrative Decision" means the Board's final
				decision, order or determination in a particular case that affects the legal
				rights, duties or privileges of participants and that may be further appealed
				to the circuit court under the Administrative Review Law [735 ILCS 5 /Art.
				III].
"Imminent Danger to the Public" means there is harm or
				immediate risk of harm to an individual, public funds, or a child, family or
				community.
"License" or "Direct Child Welfare Service Employee License"
				means a document issued by the Department that is required to be held in order
				to practice as a direct child welfare service employee, the qualifications for
				which are specified in Section
				412.40.
"Licensee" means a direct child welfare service employee who
				holds a direct child welfare service employee license issued by the
				Department.
"Licensure Action" means the final administrative decision made
				by the Board and any subsequent court action.
"OCWEL" means the Office of Child Welfare Employee
				Licensure.
"Office of the Inspector General" or "OIG" means the Office of
				the Inspector General of the Department of Children and Family Services.
"Pending Licensure Action" means any activity against a
				licensee, including whether the licensee is subject to a temporary suspension
				and whether charges have been issued against the licensee.
"Persons" includes one or more individuals, partnerships,
				associations or organizations, labor organizations, labor unions, joint
				apprenticeship committees, corporations, the State of Illinois and its
				instrumentalities, legal representatives, trustees in bankruptcy or
				receivers.
"Pre-licensing Review" means a process by which an
				administrator of OCWEL makes a final administrative decision on a CWEL
				application.
"Preponderance of the Evidence" means the greater weight of the
				evidence that renders a fact more likely than not.
"Purchase of Service Provider" or "POS Provider" means an
				agency (i.e., child welfare agency, group home, child care institution,
				maternity center and child care facility) or individual offering services to a
				Department client through a signed contract with the Department.
"Reinstatement" means the restoration by the Board of the
				revoked, suspended or relinquished license of a direct child welfare service
				employee.
"Relinquishment" means a voluntary surrender to OCWEL of the
				direct child welfare service employee license by the licensee.
"Respondent" means the licensee who has been served with a
				notice of administrative hearing.
"Revocation" means the action by the Board that renders the
				license of a direct child welfare service employee inoperative.
"Standard of Child Welfare Practice" means the level of
				performance or provision of services necessary to protect children and State
				funds from foreseeable and preventable harm and to promote the health, safety,
				welfare and permanency of children and families.
"Supervision" means responsibility for managing, overseeing,
				giving direction to, and providing guidance to a direct child welfare service
				employee that includes approval of critical decisions and other tasks as
				defined through case management services.
"Suspension" means a period of time during which a license is
				inoperative.
"Temporary Services Agency" means an agency that provides a
				temporary direct child welfare service employee through a contract with the
				Department or a purchase of service agency.
"Valid Driver's License" or "Valid Driver's Permit" means a
				license or permit issued by the Secretary of State that is of the proper
				classification for the purposes for which it is being used and that has not
				expired, been invalidated, denied, canceled, revoked, suspended or
				disqualified, or been used after a curfew or nighttime driving restriction (see
				92 Ill. Adm. Code
				1030.1 ). For
				purposes of this Part, a "restricted driver's license" will not be considered a
				valid driver's license, and a "temporary visitor's license" will be considered
				a valid driver's license.