Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 407 - LICENSING STANDARDS FOR DAY CARE CENTERS › Subpart A - INTRODUCTION, DEFINITIONS, AND APPLICABILITY › Section 407.45 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accredited college or university" means a
				college or university that has been accredited by a regional or national
				institutional accrediting association recognized by the U.S. Department of
				Education or a non-governmental recognition counterpart.
"Age-appropriate safety restraint" for a child under 4 years of age means
				a child restraint system (infant carrier, infant/toddler seat, or convertible
				safety seat) that meets the standards of the United States Department of
				Transportation designed to restrain, seat or position children. For a child 4
				years of age or older, an age-appropriate safety restraint means a child
				restraint system or seat belt (lap belt or lap-shoulder belt
				combination).
"Attendance" means the total number of children
				present at any one time.
"Authorized representative of the
				Department" means a licensing representative or any person acting on behalf of
				the Director of the Department.
"Background check" means:
a criminal history check via fingerprints of persons age 17 and over that
				are submitted to the Illinois State Police and the Federal Bureau of
				Investigation (FBI) for comparison to their criminal history records, as
				appropriate;
a check of the Statewide Automated Child Welfare
				Information System (SACWIS) and other states' child protection systems, as
				appropriate, to determine whether an individual has been alleged or indicated
				as a perpetrator of child abuse or neglect; and
a check of the
				Illinois Sex Offender Registry.
"Behavior Support Plan" means a
				written, planned and culturally and linguistically appropriate schedule of
				action agreed upon by the program staff, parents/guardians, and qualified
				professional resources assigned:
to assist a child, a family,
				caregivers, programs or teachers, and directors on how the program reflects on
				and modifies the program, classroom, and learning environment practices;
				and
to address the identification of serious and repeated patterns
				of challenging behavior.
The behavior support plan must be fully
				implemented before initiating the program transition plan.
"CANTS"
				means the Child Abuse and Neglect Tracking System operated and maintained by
				the Department. This system is being replaced by the Statewide Automated Child
				Welfare Information System (SACWIS).
"Challenging behavior" means
				any serious and repeated pattern of any behavior, or perception of behavior,
				that interferes with a child's ability to engage in developmentally appropriate
				self-regulation or cognitive and prosocial engagement with peers or
				adults.
"Child" means any person under 18 years of
				age.
(Section 2.01 of the Child Care Act of 1969 [225 ILCS 10])
"Child care facility" means any person, group of persons, agency,
				association or organization, whether established for gain or otherwise, who or
				which receives or arranges for care or placement of one or more children,
				unrelated to the operator of the facility, apart from the parents, with or
				without the transfer of the right of custody in any facility as defined in the
				Child Care Act of 1969, established and maintained for the care of
				children.
(Section 2.05 of the Child Care Act of 1969)
"Child care staff" means all staff members providing direct care to
				children.
"Consultant" means a person providing technical
				assistance or advice regarding any aspect of the program operation.
"Corporal punishment" means hitting, spanking, swatting, beating,
				shaking, pinching, excessive exercise, exposure to extreme temperatures, and
				other measures that produce physical pain.
"Cot" means a
				comfortable, safe and child-sized alternative bed made of resilient,
				sanitizable fabric, that is on legs or otherwise above the floor and can be
				stored to allow for air flow.
"Day care center" means any
				child care facility which regularly provides day care for less than 24 hours
				per day for more than 8 children in a family home or more than 3 children in a
				facility other than a family home, including senior citizen buildings. The term
				does not include:
programs operated by public or
				private elementary school systems or secondary level school units or
				institutions of higher learning that serve children who shall have attained the
				age of 3 years;
private entities on the grounds
				of public or private elementary or secondary schools that serve children who
				have attained the age of 3 years, except that this exception applies only to
				the facility and not to the private entities' personnel operating the
				program;
programs or that portion of the program
				which serves children who shall have attained the age of 3 years and which are
				recognized by the State Board of Education;
educational program or programs serving children who shall have
				attained the age of 3 years and which are operated by a school which is
				registered with the State Board of Education and which is recognized or
				accredited by a recognized national or multi-state educational organization or
				association which regularly recognizes or accredits schools;
programs which exclusively serve or that portion of the program
				which serves handicapped children who shall have attained the age of 3 years
				but are less than 21 years of age and which are registered and approved as
				meeting standards of the State Board of Education and applicable fire marshal
				standards;
facilities operated in connection with
				a shopping center or service, religious services or other similar facility
				where transient children are cared for temporarily while parents or custodians
				of the children are occupied on the premises and readily
				available;
any type of day care center that is
				conducted on federal government premises;
special
				activities programs, including athletics, crafts instruction and similar
				activities conducted on an organized and periodic basis by civic, charitable
				and governmental organizations;
part day child
				care facilities, as defined in Section 2.10 of
the Child Care
Act
of 1969
; or
programs
				or that portion of the program which:
serves
				children who shall have attained the age of 3 years;
is operated by churches or religious institutions as described in
				section 501(c)(3) of the federal Internal Revenue Code;
receives no governmental aid;
is
				operated as a component of religious, nonprofit elementary
				school;
operates primarily to provide religious
				education; and
meets appropriate State or local
				health and fire safety standards.
For purposes of
				this Section, "children who shall have attained the age of 3 years" shall mean
				children who are 3 years of age, but less than 4 years of age, at the time of
				enrollment in the program.
(Section 2.09 of the Child Care Act of
				1969)
"Department" means the Illinois Department of
				Children and Family Services.
(Section 2.02 of the Child Care Act of
				1969)
"Disinfect" means to eliminate virtually all germs from
				inanimate surfaces through the use of chemicals or physical agents (e.g.,
				heat). In the child care environment, a solution of 1/4 cup household liquid
				chlorine bleach added to one gallon of tap water and prepared fresh daily is an
				effective disinfectant for environmental surfaces and other objects.
"Early childhood" means the years from birth through age 6.
"Early childhood assistant" means a staff member who works under the
				direct supervision of an early childhood teacher and does not assume
				responsibility for a group of children.
"Early childhood teacher"
				means a staff member responsible for a group of infants, toddlers or preschool
				children.
"Employee", as used in this Part, means any staff person
				employed by a child care facility and includes any substitute or assistant.
				This definition includes administrative, professional and support staff who
				have access to children in their present or prospective employment.
"Enrollment" means the total number of children served by the facility on
				either a part-time or full-time basis.
"Gateways to Opportunity
				Registry" means a program administered by the Department of Human Services to
				track and maintain education and training credentials of administrators and
				staff that allows them to establish a profile in the registry of their
				educational attainment and professional development.
"Governing
				body", as used in this Part, means the board of directors of a corporation.
				Otherwise, the term means the owners or other persons, agency, association or
				organization legally responsible for the operation of the day care center that
				serves as the policy-making authority and that exercises general direction over
				the affairs of the facility.
"Group" means a specific number of
				children who remain together at least 60 percent of the time they are at the
				facility.
"Guardian" means the guardian of the person of a
				minor.
(Section 2.03 of the Child Care Act of 1969)
"Guidance/discipline" means the ongoing process of helping children to
				develop inner controls so that they can manage their own behavior in socially
				approved ways.
"Infant" means a child from 6 weeks through 14
				months of age.
"Initial background check" means fingerprints have
				been obtained, as verified by a receipt from the fingerprint vendor, and the
				individual has cleared a check of the Statewide Automated Child Welfare
				Information System (SACWIS) and the Illinois Sex Offender Registry.
"Intergenerational activities" means activities that involve children and
				adults in shared activities that occur at least monthly on a regular
				basis.
"Kindergarten child" means a child currently enrolled in
				kindergarten who is eligible to attend first grade during the next school
				year.
"LEADS" means the Law Enforcement Agency Data System.
"License" means a document issued by the Department that authorizes child
				care facilities to operate in accordance with applicable standards and the
				provisions of the Child Care Act of 1969.
"License study", as used
				in this Part, means the review of an application for license, on-site visits,
				interviews, and the collection and review of supporting documents to determine
				compliance with the Child Care Act of 1969 and the standards prescribed by this
				Part.
"Licensed capacity" means the maximum number of children
				permitted in the facility at any one time.
"Licensee" means an
				individual, agency, or organization who holds a license or permit issued by the
				Department.
"Licensing representative", for the purposes of this
				Part, means Department staff authorized under the Child Care Act of 1969 to
				examine facilities for licensure.
"Mitigation" means those
				activities or processes undertaken to reduce the level of lead in water below
				2.01 ppb (parts per billion).
"Mitigation plan" means a written
				document prepared by a license applicant or licensee that identifies drinking
				water sources that have tested at or above 2.01 ppb for lead and the strategies
				and interim measures the applicant/licensee will take to reduce the lead level
				to below 2.01 ppb.
"Parental involvement" means parental
				assistance with a child care program such as participation in field trips,
				parties, attendance on special days for special events, or parental support and
				cooperation in the classroom.
"Parent" or "Parents", as used in
				this Part, means persons assuming legal responsibility for the care and
				protection of the child on a 24-hour basis; includes guardian or legal
				custodian.
"Partially exempt program" means a child care program
				for children who have attained the age of 3 years and is operated by a private
				entity on grounds of a public or private elementary or secondary school where
				children have been attending school during the day. In a partially exempt
				program, the physical facility is exempt from Department regulations; however,
				the Department regulates the personnel and operating programs.
"Passive screen viewing" means the passive, sedentary use of
				age-appropriate and educational media through screen-based technologies, such
				as television, video, DVDs, visual recordings and other non-interactive
				technologies.
"Permit", as used in this Part, means a one-time
				only document issued by the Department for a 6-month period to allow the
				individuals, agency, or organization to operate a day care center and to become
				eligible for a full license.
"Physician" means a person licensed
				to practice medicine in the State of Illinois or a contiguous state.
"Preschooler" means a child from 3 through 5 years of age. Children
				enrolled in kindergarten may be considered either preschool or school-age.
				Children 2 years of age may be considered preschoolers or toddlers, depending
				on their level of development.
"Program" means all activities
				provided for the children during their hours of attendance in the
				facility.
"Program Transition Plan" means an individualized,
				written and culturally and linguistically appropriate plan developed by the
				departing and receiving early childhood programs, detailing the individual
				responsibilities required to prepare for, and then execute, the child's move
				from the current program to a more appropriate arrangement, with as little
				negative impact and disruption as possible.
"Qualified
				professional" is an individual with a recognized title such as, but not limited
				to, a child's health provider, early childhood mental health consultant,
				licensed clinical social worker, speech pathologist, or behavioral therapist.
				This individual should have expertise in early childhood education practices,
				children's behaviors, inclusion, applied behavioral analysis, infant/early
				childhood mental health, or the impact of trauma.
"Related
				services" refers to, but is not limited to, supportive services (psychological,
				medical, social, or health) for children in a facility.
"Repeated
				pattern of challenging behavior" means behaviors that do not respond to
				repeated developmentally appropriate practice interventions and results in a
				disrupted learning environment for other children enrolled in the program, such
				as, but not limited to, extreme tantrums, physical and verbal aggression,
				property destruction, self-injury, injury to others, or withdrawal.
"Replace or supplement staff" means a paid or unpaid individual who
				performs essential staff duties as evidenced by being counted in the
				staff-child ratio or being allowed to be alone with children outside the visual
				or auditory supervision of child care staff. It also includes professional
				contractual staff, such as physicians, nurses, therapists, etc., if the
				professional provides services within the facility and is allowed access to
				children outside the visual or auditory supervision of staff.
"Resource personnel" means physicians, nurses, psychologists, social
				workers, speech therapists, physical and occupational therapists, educators and
				other technical and professional persons whose expertise is utilized in
				providing specialized services to children.
"Resources" may
				include related services mentioned above and community agencies such as, but
				not limited to, libraries, university laboratories and their professional
				staffs, audiovisual materials, museums, and parks.
"Risk
				management plan" means a document that outlines the process for identifying and
				analyzing loss exposures, examining alternative risk control methods, and
				making and carrying out decisions that will minimize the adverse effects of
				accidental losses.
"School-age" means a child up to 18 years of
				age who is enrolled in 1st grade or higher. Children
				attending kindergarten may be considered either preschool or school-age.
"School-age assistant" means a staff member who works under the direct
				supervision of a school-age worker.
"School-age director" means a
				person designated by the governing body to assume full administrative
				responsibility for the ongoing operation of one or more sites (not to exceed 6)
				and who meets the qualifications for a child care director as outlined in
				Section
				407.130.
"School-age site coordinator" means a person responsible for implementing
				curriculum and ensuring that licensing standards are met at the site of a
				school-age program serving a maximum of 50 children and that is overseen by a
				school-age director responsible for multiple sites.
"School-age
				worker" means a staff member who has lead responsibility for a group of
				school-age children.
"Serious safety threat" is a behavior that
				jeopardizes the physical safety of the child and/or his/her classmates or
				staff.
"Site" means the physical location in which a day care
				center operates. A site may consist of more than one building if all of the
				buildings within the site are connected by property under the exclusive control
				of the day care center that is used as a playground, for parking, or for other
				day care related purposes.
"Support staff" means any staff member
				providing indirect care and services to children in a day care center, such as
				a driver, cook, janitor, or clerical staff.
"Swimming pool", for
				purposes of this Part, means any natural or artificial basin of water intended
				for public swimming or recreational bathing that exceeds 2'6" in depth as
				specified in the Illinois Swimming Pool and Bathing Beach Act and Code. The
				term includes bathing beaches and pools at private clubs, health clubs, or
				private residences when used for children enrolled in a child care
				facility.
"Temporary removals" means practices that involve
				removing the child from regular participation in the program as a result of a
				challenging behavior. A temporary removal should be developmentally appropriate
				and may only be used as a last resort if there is a serious safety threat that
				cannot be reduced or eliminated by the provision of reasonable modifications.
				The program must help the child return to full participation in a group setting
				as soon as safety allows.
"Toddler" means a child from 15 months
				to 2 years of age. The term may include a child up to 30 months of age
				depending upon physical or social development.
"Tummy time" means
				a supervised period of time when an infant is allowed to lie on his or her
				abdomen to help strengthen the head, neck and shoulder muscles.
"Universal precautions" means an approach to infection control. According
				to the concept of Universal Precautions, all human blood and certain body
				fluids are treated as if known to be infectious for HIV, HBV, and other
				blood-borne pathogens.
"Wading pool", for purposes of this Part,
				means any natural or artificial basin of water less than 2'6" in depth that is
				intended for recreational bathing, water play or similar activity as specified
				in the Illinois Swimming Pool and Bathing Beach Act and Code. The term includes
				recessed areas less than 2'6" in depth in swimming pools and includes wading
				pools at private clubs, health clubs and private residences when used for
				children enrolled in a child care facility.
"Water profile" means
				a building's water heater, source of water, and water supply lines.
"Water source" means any faucet used to obtain water for drinking or food
				preparation for day care operations. Water sources include, but are not limited
				to, sinks, bathtubs, hoses, drinking fountains, bubblers, and refrigerator or
				freezer water or ice dispensers.