Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 406 - LICENSING STANDARDS FOR DAY CARE HOMES › Section 406.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Access to children" means an employee's job
				duties require that the employee be present in a licensed child care facility
				during the hours that children are present in the facility. In addition, any
				person who is permitted to be alone outside the visual or auditory supervision
				of facility staff with children receiving care in a licensed child care
				facility is subject to the background check requirements of this Part.
"Adult" means any person who is 18 years of age or older.
"Applicant" means a person living in the residence to be licensed who
				will be the primary caregiver in the day care home.
"Approved smoke detector" or "detector" means a smoke detector of
				the ionization or photoelectric type which complies with
				all
the
requirements of
				the
rules
and regulations of
				the
Illinois
State Fire Marshal.
(Section 2 of the Facilities Requiring Smoke Detectors Act [425 ILCS
				10])
"Assistant" or "child care assistant" means a person (whether
				a volunteer or an employee) who assists a licensed home caregiver in the
				operation of the day care home.
"Attendance" means the total
				number of children under the age of 12 present at any one time.
"Authorized representative of the Department" means the 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 18 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; and
a check of the Statewide Automated Child Welfare Information System
				(SACWIS) and other state child protection systems, as appropriate, to determine
				whether an individual is currently alleged or has been indicated as a
				perpetrator of child abuse or neglect; and
a check of the
				Statewide Child Sex Offender Registry.
"Basement" means the story
				below the street floor where occupants must traverse a full set of stairs, 8 or
				more risers, to access the street floor.
"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).
"Caregiver" means the
				individual directly responsible for child care.
"Challenging
				behavior" means any serious and repeated pattern of behavior, or perception of
				behavior, that interferes with a child's ability to engage in developmentally
				appropriate self-regulation and cognitive and prosocial engagement with peers
				or adults.
"Children with special needs" means children who
				exhibit one or more of the following characteristics, confirmed by clinical
				evaluation:
Visual impairment: the child's visual impairment is
				such that development to full potential without special services cannot be
				achieved.
Hearing impairment: the child's residual hearing is not
				sufficient to enable him or her to understand the spoken word and to develop
				language, thus causing extreme deprivation in learning and communication, or a
				hearing loss is exhibited that prevents full awareness of environmental sounds
				and spoken language, limiting normal language acquisition and learning.
Physical or health impairment: the child exhibits a physical or health
				impairment that requires adaptation of the physical plant.
Speech
				and/or language impairment: the child exhibits deviations of speech and/or
				language processes that are outside the range of acceptable variation within a
				given environment and prevent full social development.
Learning
				disability: the child exhibits one or more deficits in the essential processes
				of perception, conceptualization, language, memory, attention, impulse control
				or motor function.
Behavioral disability: the child exhibits an
				effective disability and/or maladaptive behavior that significantly interferes
				with learning and/or social functioning.
Mental impairment: the
				child's intellectual development, mental capacity, and/or adaptive behavior are
				markedly delayed. Such mental impairment may be mild, moderate, severe or
				profound.
"Consultants" means those individuals providing
				technical assistance or advice regarding any aspect of the operation of the day
				care home.
"Conviction" means a judgment of conviction or
				sentence entered upon a plea of guilty or upon a verdict or finding of guilty
				of an offense, rendered by a legally constituted jury or by a court of
				competent jurisdiction authorized to try the case without a jury.
(Section 2-5 of the Criminal Code of 1961 [720 ILCS 5])
"
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,
				fire retardant, sanitizable fabric that is on legs or otherwise above the floor
				and can be stored to allow for air flow.
"Day care homes"
				means family homes which receive more than 3 up to a maximum of 12 children for
				less than 24 hours per day. The maximum of 12 children includes the family's
				natural
, foster,
or adopted children and all other persons
				under the age of 12. The term does not include facilities which receive only
				children from a single household.
(Section 2.18 of the Child Care Act
				of 1969 [225 ILCS 10])
"Department" means the Illinois
				Department of Children and Family Services.
(Section 2.02 of the Child
				Care Act of 1969)
"Department of Public Health" or "DPH" means the
				Illinois Department of Public Health.
"Discipline" means the
				process of helping children to develop inner controls so that they can manage
				their own behavior in socially acceptable ways.
"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
				water (or one tablespoon bleach to one quart water) and prepared fresh daily is
				an effective disinfectant for environmental surfaces and other objects. A
				weaker solution of 1 tablespoon bleach to 1 gallon of cool water is effective
				for use on toys, eating utensils, etc. Commercial products may also be
				used.
"Family home" or "family residence" means the location or
				portion of a location where the applicant and his or her family reside, and may
				include basements and attics. It does not include other structures that are
				separate from the home but are considered part of the overall premises, such as
				adjacent apartments, unattached basements in multi-unit buildings, unattached
				garages, and other unattached buildings.
"Firearm" means
				any device, by whatever name known, which is designed to expel a projectile or
				projectiles by the action of an explosion, expansion of gas or escape of gas;
				excluding, however:
any pneumatic gun, spring
				gun, paint ball gun, or BB gun that expels a single globular projectile not
				exceeding .18 inch in diameter or that has a maximum muzzle velocity of less
				than 700 feet per second;
any pneumatic gun,
				spring gun, paint ball gun, or BB gun that expels breakable paint balls
				containing washable marking colors;
any device
				used exclusively for signalling or safety and required or recommended by the
				United States Coast Guard or the Interstate Commerce
				Commission;
any device used exclusively for the
				firing of stud cartridges, explosive rivets or similar industrial ammunition;
				and
an antique firearm (other than a machine gun)
				that, although designed as a weapon, the Department of State Police finds by
				reason of the date of its manufacture, value, design, and other characteristics
				is primarily a collector's item and is not likely to be used as a
				weapon.
[430 ILCS 65/1.1]
"Gateways to Opportunity Registry" means a program administered by the
				Department of Human Services to track and maintain education and training
				credentials of primary caregivers and assistants that allows them to establish
				a profile in the registry of their educational and training development.
"Ground level" means that a child can step directly from the exit onto
				the ground, a sidewalk, a patio, or any surface that is not above or below the
				ground.
"Guardian" means the guardian of the person of a
				minor.
(Section 2.03 of the Child Care Act of 1969)
"Infant" means a child through 12 months of age.
"Initial
				background check" means fingerprints have been obtained for a criminal history
				check, and the individual has cleared a check of the Statewide Automated Child
				Welfare Information System (SACWIS) and the Illinois Sex Offender
				Registry.
"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 applicant"
, for purposes of background checks,
means the operator or persons with direct responsibility for daily
				operation of the facility to be licensed.
(Section 4.4 of the Child
				Care Act of 1969)
"License study" 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 number of children the Department has determined the day
				care home can care for at any one time in addition to any children living in
				the home who are under the age of 12 years. Children age 12 and over on the
				premises are not considered in determining licensed capacity.
"Licensing representative" means a person authorized by the Department
				under Section 5 of the Child Care Act of 1969 to examine facilities for
				licensure.
"Licensing year" often called the anniversary year,
				means the period of time from the date a day care home license is issued until
				the same date of the following year.
"Member of the household"
				means a person who resides in a family home as evidenced by factors including,
				but not limited to, maintaining clothing and personal effects at the household
				address, or receiving mail at the household address, or using identification
				with the household address.
"Minor traffic violation" means a
				traffic violation under the laws of the State of Illinois or any municipal
				authority in Illinois or another state or municipal authority that is
				punishable solely as a petty offense. (See Section 6-601 of the Illinois Driver
				Licensing Law [625 ILCS 5 /Ch. 6].)
"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.
"Parent" or "Parents", as used in this Part,
				means those persons assuming legal responsibility for care and protection of
				the child on a 24-hour basis; includes guardian or legal custodian.
"Permit" means a one-time only document issued by the Department for a
				2-month period to allow the individuals to become eligible for a
				license.
"Person" means any individual, group of persons, agency,
				association, or organization.
"Persons subject to background
				checks" means:
the operators of the child care facility;
all current and conditional employees of the child care facility;
any person who is used to replace or supplement staff; and
any person who has access to children, as defined in this Section.
If the child care facility operates in a family home, the license
				applicants and all members of the household age 13 and over are subject to
				background checks, as appropriate, even if these members of the household are
				not usually present in the home during the hours the child care facility is in
				operation.
"Physician" means a person licensed to practice
				medicine in the State of Illinois or a contiguous state.
"Premises" means the location of the day care home wherein the family
				resides and includes the attached yard, garage, basement and any other
				outbuildings.
"Preschool age" means children under 5 years of age
				and children 5 years old who do not attend full day kindergarten.
"Program" means all activities provided for the children during their
				hours of attendance in the day care home.
"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.
"Protected exit from a basement" means an exit that is separated from the
				remainder of the day care home by barriers (such as walls, floors, or solid
				doors) providing one-hour fire resistance. The separation must be designed to
				limit the spread of fire and restrict the movement of smoke.
"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" means any of the following relationships by blood,
				marriage,
civil union,
or adoption: parent, grandparent,
				sibling, great-grandparent, great-uncle, great-aunt, brother, sister,
				stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, or first
				cousin.
(Section 2.04 of the Child Care Act of 1969])
"Repeated pattern of challenging behavior" means behaviors that do not
				respond to repeated developmentally appropriate practice interventions and
				result in a disrupted learning environment for other children enrolled in the
				program. These behaviors can include, but are not limited to, extreme tantrums,
				physical and verbal aggression, property destruction, self-injury, injury to
				others, or withdrawal.
"SACWIS" means the Statewide Automated
				Child Welfare Information System operated by the Illinois Department of
				Children and Family Services that is replacing the Child Abuse and Neglect
				Tracking System (CANTS).
"School age" means children from 6 to 12
				years of age and 5 year olds who are in full-day kindergarten.
"Serious safety threat" is a behavior that jeopardizes the physical
				safety of the child and/or his/her classmates or staff.
"Special
				use areas" means areas of the home that may not be included in the measurements
				of the area used for child care. Special use areas include, but are not limited
				to, laundry rooms, furnace rooms, bathrooms, hazardous areas, and areas
				off-limits to children.
"Story" means that level of a building
				included between the upper surface of a floor and the upper surface of the
				floor or roof next above.
"Street floor" means a story or floor
				level accessible from the street or from outside a building at ground level,
				with the floor level at the main entrance located not more than 4 risers above
				or below the ground level and arranged and utilized to qualify as the main
				floor.
"Substantiated violation" means that the licensing
				representative has determined, during a licensing complaint investigation or a
				monitoring or renewal visit, that the licensee has violated a licensing
				standard of this Part or the Child Care Act.
"Supervising agency",
				as used in this Part, means a licensed child welfare agency, a licensed day
				care agency, or the Department.
"Swimming pool" 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 Code (77 Ill. Adm. Code 820). 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.
"Wading pool" 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. The term includes recessed areas less than 2'6" in
				depth in swimming pools that are designated primarily for children.
"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.