reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart E - SERVICES TO CHILDREN › Section 401.450 - Transportation of Children

Current through Register Vol. 48, No. 28, July 12, 2024
a) These
				requirements apply to any child welfare agency that provides or arranges for
				the transportation of children to or from their home, whether a permanent home
				or a foster family home, to other prearranged sites, e.g., to another
				placement, for visits with family members, to a physician or to another
				professional.
b) The child welfare
				agency must insure that all persons who transport children on behalf of the
				agency hold a valid driver's license and have insurance, as required by the
				Illinois Vehicle Code [625 ILCS 5 ]. (Persons with a special driving permit are
				not considered to have a valid driver's license.)
c) The child welfare agency shall ask all
				drivers to answer the following questions in writing and shall include the
				response to these questions in their personnel files. Persons who answer "yes"
				to either of the questions in subsection (c)(1), (2) or (3) shall not be
				permitted to transport children.
1) Has your
				driver's license been revoked or suspended within the past 3 years?
2) Have you been convicted of driving under
				the influence, manslaughter, or reckless homicide in the past 3
				years?
3) Have you caused an
				accident that resulted in the death of any person within the past 5 years? (See
				225 ILCS
				10/5.1(a).)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart E - SERVICES TO CHILDREN › Section 401.460 - Agency Supervised Foster Family Homes, Group Homes and Day Care Homes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Foster family
				and day care homes operated and supervised by a child welfare agency shall be
				licensed according to the standards prescribed and published by the Department
				for licensing foster family and day care homes.
b) The child welfare agency shall submit an
				application for a license on forms provided by the Department for each foster
				family home and day care home supervised by it. The child welfare agency shall
				recommend the licensure of or denial of license of family homes supervised by
				the child welfare agency. The child welfare agency shall make these
				recommendations to the Department in accordance with 89 Ill. Adm. Code 402
				(Licensing Standards for Foster Family Homes) and 89 Ill. Adm. 406 (Licensing
				Standards for Day Care Homes).
c)
				When an individual submits an initial application for a foster family home
				license and the applicant was previously licensed as a foster family home, the
				child welfare agency shall review and assess all previous licensing history
				before making a recommendation to issue or deny a license on the current
				application. The child welfare agency shall share a complete copy of the
				previous licensing file and any licensing complaint file with an agency
				reviewing an application for license.
d) The child welfare agency shall maintain
				licensing records on all foster family and day care homes under its licensing
				supervision. The child welfare agency shall insure that facilities operating
				under its supervision maintain all the records required by the appropriate
				licensing standards for the facility.
e) The child welfare agency supervising a
				group home licensed by the Department shall be responsible for ensuring the
				facility operates in accordance with the applicable licensing standards
				prescribed by the Department. When the child welfare agency intends to
				supervise a group home, the child welfare agency shall forward the group home
				license application and necessary documentation to the Department. Department's
				licensing staff shall conduct a license study and determine whether the group
				home is in compliance with 89 Ill. Adm. Code 403 (Licensing Standards for Group
				Homes).
f) A child welfare agency
				shall obtain approval in writing from the Department before transferring
				supervision of a child or family case to another agency.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.500 - Child Welfare Agency Responsibilities for Adoption Services

Current through Register Vol. 48, No. 28, July 12, 2024
Child welfare agencies that provide adoption services shall, in addition
				to meeting all requirements for a child welfare agency described in this Part,
				assure that placements of children for adoption are made in the best interests
				of the children and are selected to meet the needs of the child at the time of
				the placement and as the child grows and develops. In addition adoption
				agencies shall:
a) Establish written
				guidelines and eligibility criteria for the selection and evaluation of
				adoptive home applicants;
b)
				Provide pre-placement services that include the assessment and preparation of
				the potential adoptive family as well as of the child in need of an adoptive
				home;
c) Ensure that the legal
				rights of all parties, including the birth parents, the child, and the adoptive
				parent, are protected throughout the adoption process;
d) Comply with all State and federal laws and
				the requirements of 89 Ill. Adm. Code 333 (Inter-country Adoption Services)
				when the adoptive placement involves a child from a foreign country;
e) Prohibit discrimination against any child,
				birth parent, foster parent or prospective adoptive parent on the basis of
				race, religion, gender, or ethnicity.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.510 - Disclosures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Information
				disclosed in accordance with this Subpart shall be subject to the
				confidentiality requirements of the Child Care Act of 1969 and the Adoption
				Act.
b) A child welfare agency
				providing adoption services shall provide to all prospective clients, including
				biological parents and adoptive parents, and to the public, the following
				written disclosures, which shall be posted on the agency's website when there
				is one:
1) Adoption services
				provided;
2) Policy and
				practices;
3) General eligibility
				criteria;
4) A general description
				of fees; and
5) The mutual rights
				and responsibilities of clients, including biological parents and adoptive
				parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.520 - Adoptive Parents Training

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Agencies providing adoption services shall provide prospective adoptive parents
				with a training program that shall include:
1)
				A minimum of 6 clock hours of training for private domestic adoption families
				and a minimum of 10 clock hours of training for international adoptions; at
				least 4 of the 10 hours shall be in person (see
				22
				CFR 96.48(a) );
2) Counseling and guidance for promoting a
				successful adoption in conjunction with the placement of a child for adoption
				with the prospective parents;
3)
				Additional training of the adoptive parent, as necessary, to meet the needs of
				the adoptive family or child prior to the adoption.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.530 - Annual Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) On the
				45th day of an adoption agency's license anniversary
				date, an agency providing adoption services shall file an annual report with
				the Department's regional licensing office and with the Illinois Attorney
				General on forms prescribed by the Department, consisting of the following:
1) A balance sheet and a statement of income
				and expenses for the year;
2)
				Non-identifying information concerning the adoptive placements made by the
				agency during the year, consisting of:
A) The
				number of adoptive families in the process of obtaining a foster family
				license;
B) The number of adoptive
				families that are licensed and awaiting placement;
C) The number of biological parents with
				which the agency is actively working;
D) The number of children placed in adoptive
				homes; and
E) The number of
				adoptions initiated during the year and the status of each matter at the end of
				the year;
3) Any
				instance during the year in which the agency lost the right to provide adoption
				services in any state or country, had its license suspended for cause, or was
				the subject of other sanctions by any court, governmental agency, or
				governmental regulatory body relating to the provision of adoption
				services;
4) Any actions related to
				licensure that were initiated against the agency during the year by a licensing
				or accrediting body;
5) Any pending
				investigations by federal or State authorities;
6) Any criminal charges, child abuse charges,
				malpractice complaints, or lawsuits against the agency or any of its employees,
				officers, or directors related to the provision of adoption services and the
				basis or disposition of the actions;
7) Any instance in the year where the agency
				was found guilty of, liable for, or pled guilty to, any criminal or civil or
				administrative violation under federal, State, or foreign law that relates to
				the provision of adoption services;
8) Any instance in the year where any
				employee, officer, or director of the agency was found guilty of any crime or
				was determined to have violated a civil law or administrative rule under
				federal, State, or foreign law relating to the provision of adoption
				services;
9) Any civil or
				administrative proceeding instituted by the agency during the year and relating
				to adoption services, excluding uncontested adoption proceedings and
				proceedings filed pursuant to Section 12a of the Adoption Act; [225 ILCS 10/7.6
				]
10) Description of fees, wages,
				salaries and other compensations described in Section
				401.565(a)
				of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.540 - Preferential Treatment in Child Placement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preferential treatment in child placement
				or any matters relating to adoption services by an agency shall not be given to
				its board members, contributors, volunteers, employees, agents, consultants, or
				independent contractors or to the relatives of these persons. Relatives, as
				used in this Part, are those persons related by blood or adoption, including
				parents, grandparents, siblings, great-grandparents, uncles, aunts, nieces,
				nephews, first cousins, great aunts or great uncles, and step-parents or
				step-siblings. Relatives also include the spouse of these named
				relatives.
b) Agencies shall
				include the prohibition of preferential treatment in adoption services in the
				written agency policy made available to all the agency's staff.
c) An eligible adoption agency may be deemed
				compliant with this Section. This presumption of compliance may be rebutted by
				the Department with substantiated evidence to the contrary. The Department may
				require periodic certification of COA accreditation from the agency. [225 ILCS
				10/2.27 and 7.8].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.550 - Waiver Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies providing adoption services
				shall not require biological or adoptive parents to sign any document that
				purports to waive claims against an agency for intentional or reckless acts or
				omissions or for gross negligence. [225 ILCS
				10/7.7 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.560 - Adoption Services Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Excessive adoption fees by a child welfare agency, representative of an agency
				or independent contractor of an agency are prohibited. An eligible adoption
				agency may be deemed compliant with this subsection. This presumption of
				compliance may be rebutted by the Department with substantiated evidence to the
				contrary. The Department may require periodic certification of COA
				accreditation from the agency. [225 ILCS 10/2.27 and 7.9]
b) Adoption service fees shall be based on
				the costs associated with the agency's overall service and program delivery.
				Clients may be charged fees only for services provided.
c) Payments to Biological Parents
1) Adoption agency payments to biological
				parents of reasonable living expenses by a child welfare agency shall not
				obligate the biological parents to place the child for adoption. In the event
				that the biological parents choose not to place the child for adoption, the
				child welfare agency shall have no right to seek reimbursement from the
				biological parents, or from any relative of the biological parents, of moneys
				paid to, or on behalf of, the biological parents, except as provided in
				subsection (c)(2) of this Section.
2) A child welfare agency may seek
				reimbursement of reasonable living expenses from a person who receives such
				payments only if the person who accepts payment of reasonable living expenses
				before the child's birth, as described in subsection (c)(1), knows that the
				person on whose behalf he or she is accepting payment is not pregnant at the
				time of the receipt of the payments or the person receives reimbursement for
				reasonable living expenses simultaneously from more than one child welfare
				agency without the agencies' knowledge. [225 ILCS
				10/14.7 ]
3) An adoption agency shall maintain on file
				records of all payments made to biological parents or on behalf of biological
				parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.565 - Adoption Agency Payment of Salaries or Other Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensed child
				welfare agency may pay salaries or other compensation to its officers,
				employees, agents, contractors, or any other persons acting on its behalf for
				providing adoption services, provided that all of the following limitations
				apply:
1) The fees, wages, salaries, or other
				compensation of any description paid to the officers, employees, contractors,
				or any other person acting on behalf of a child welfare agency providing
				adoption services shall not be unreasonably high in relation to the services
				actually rendered. Every form of compensation shall be taken into account in
				determining whether fees, wages, salaries, or compensation are unreasonably
				high, including, but not limited to, salary, bonuses, deferred and non-cash
				compensation, retirement funds, medical and liability insurance, loans, and
				other benefits such as the use, purchase, or lease of vehicles, expense
				accounts, and food, housing, and clothing allowances;
2) Any earnings, if applicable, or
				compensation paid to the child welfare agency's directors, stockholders, or
				members of its governing body shall not be unreasonably high in relation to the
				services rendered; and
3) Persons
				providing adoption services for a child welfare agency may be compensated only
				for services actually rendered and only on a fee-for-service, hourly wage, or
				salary basis.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.570 - Independent Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject
				to subsection (a)(1), a child welfare agency providing adoption services may
				use the services of any person, group of persons, agency, association,
				organization, corporation, institution, center, or group as an independent
				adoption contractor to perform services on behalf of the licensed agency.
1) The licensed agency must have a written
				agreement with the independent contractor specifying:
A) Terms of remuneration;
B) Services to be performed;
C) Personnel performing those
				services;
D) Qualifications of the
				personnel, in addition to any other information or requirements the Department
				may specify; and
E) That the
				contract may be terminated at any time.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.580 - Cessation or Dissolution of an Adoption Agency

Current through Register Vol. 48, No. 28, July 12, 2024
In the event
				that a licensed child welfare agency providing adoption services ceases to
				exist or dissolves its corporate entity as an agency, and in so doing ceases to
				provide adoption services as defined in Section
				401.40,
				all records pertaining to those adoption services shall be forwarded to another
				licensed child welfare agency, with notice provided to the Department within 30
				days after cessation or dissolution.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.590 - Adoption Agency Information and Complaint Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) The adoption agency information and
				complaint registry serves to assist the public in the monitoring of licensed
				child welfare agencies providing adoption services. The information in the
				registry shall include, but is not limited to:
1) Agency's 4-year history of substantiated
				violations and corrected violations.
2) Any current enforcement actions against a
				child welfare agency providing adoption services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.595 - Agency Complaint Policy and Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agencies providing adoption services shall
				establish written complaint policies that include:
1) An adoption agency shall initiate an
				investigation of complaints received within 2 business days;
2) The adoption agency shall maintain written
				documentation of all complaints received by the agency;
3) An adoption agency shall report the
				outcome of its complaint investigation, in writing, to the Department's
				regional licensing office or the DCFS Licensing Representative within 10
				business days after complaints are received;
4) Any retaliation against the person making
				the complaint is prohibited;
5)
				That a member of management level staff shall be designated to accept consumer
				complaints; and
6) Resolutions of
				all complaints shall be reported to the agency board of directors at its next
				meeting.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart F - AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES › Section 401.600 - Advertisement

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person, group
				of persons, agency, association, organization, corporation, institution,
				center, or group may advertise or cause to be published any advertisement
				offering, soliciting, or promising to perform adoption services as defined in
				Section
				401.40
				of this Part, unless the agency is licensed or operating under a permit issued
				by the Department as a child care facility or child welfare agency.
b) Violators of subsection (a) of this
				Section are guilty of a Class A misdemeanor and shall be subject to a fine not
				to exceed $10,000 or 9 months imprisonment for each advertisement, unless that
				person, group of persons, agency, association, organization, corporation,
				institution, center, or group is:
1) Licensed
				or operating under a permit issued by the Department as a child care facility
				or child welfare agency; or
2) An
				exception to subsection (a) is a biological parent or a prospective adoptive
				parent acting on his or her own behalf, or a licensed attorney advertising his
				or her availability to provide legal services relating to adoption, as
				permitted by law.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart G - INDEPENDENT LIVING PROGRAMS › Section 401.700 - Agency Responsibilities for Independent Living Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child welfare
				agencies may provide independent living services to youth;
1) Who have been or who are in the
				out-of-home care system;
2) Who are
				homeless or who are transitioning from residential care;
3) Who are without family
				resources;
4) Who need support and
				assistance coping with developmental disability, physical disability or mental
				illness.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Section 401.800 - Referrals to Law Enforcement and Injunctive Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) Violation of the Act
If the
				Department has reasonable cause to believe that any person, group of persons,
				corporation, agency, association, organization, institution, center, or group
				is engaged or is about to engage in any acts or practices that constitute or
				will constitute a violation of the Child Care Act, the Department shall inform
				the Attorney General or the State's Attorney of the appropriate county, who may
				initiate the appropriate civil or criminal proceedings.
b) Violation of this Part
If the
				Department has reasonable cause to believe that any person, group of persons,
				corporation, agency, association, organization, institution, center, or group
				is engaged or is about to engage in any act or practice that constitutes or may
				constitute a violation of any rule adopted under the authority of the Child
				Care Act, the Department may inform the Attorney General or the State's
				Attorney of the appropriate county, who may initiate the appropriate civil or
				criminal proceedings.
c)
				Injunction or Restraining Order
Upon a proper showing, any circuit court
				may enter a permanent or preliminary injunction or temporary restraining order
				without bond to enforce the Child Care Act or this Part, in addition to the
				penalties and other remedies provided in the Act. [225 ILCS
				10/11.1 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Section 401.850 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction
				finds that any rule, clause, phrase, or provision of this Part is
				unconstitutional or invalid for any reason whatsoever, this finding shall not
				affect the validity of the remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Appendix A - Licensing Progression for Child Welfare Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
License Status
Explanation
Permit
Issued only once prior to issuance of a
				provisional license for not more than six months to enable a new child welfare
				agency to come into reasonable compliance with licensing standards before an
				initial, provisional license is issued.
Provisional License
Issued for the first two
				years of initial licensure to allow a newly licensed facility a period of time
				to demonstrate the ability to operate the child welfare agency responsibly and
				remain in compliance with licensing standards. Allows the Department of
				Children and Family Services to evaluate the quality of licensing and child
				welfare services provided by the agency. A provisional license may also be
				issued when a child welfare agency reapplies for licensure after the prior
				license was voluntarily surrendered, revoked or the Department refused to renew
				the license.
Full License
Issued after a child welfare agency has completed its provisional license
				period when the agency is in reasonable compliance with licensing standards and
				has demonstrated the ability to operate the child welfare agency
				responsibly.
Conditional License
Issued for not more than six months to enable a child welfare
				agency to correct deficiencies in its operations which do not jeopardize the
				health, safety, morals or welfare of the children served. Any other license
				held by the agency is revoked when a conditional license is issued. If the
				facility fails to correct the deficiencies and meet all licensing standards at
				the end of the conditional license period, the Department shall deny full
				license. (See 225 ILCS 10/8.2.)
Deemed Status
Programs of the
				child welfare agency are deemed to be in full compliance with the requirements
				of this Part because the program is fully accredited by the Council on
				Accreditation of Services for Families and Children and there have been no
				substantiated licensing complaints which affect the health, safety, morals, or
				welfare of children served by the agency during the past four years. The
				Department shall conduct annual monitoring visits to verify continued
				compliance with the requirements of this Part
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Appendix B - Requirements for Operation of Branch Offices

Current through Register Vol. 48, No. 28, July 12, 2024
A multi-site child
				welfare agency may operate branch offices. The headquarters of the child
				welfare agency may delegate authority, in accordance with the requirements of
				this Appendix B, to the branch offices to receive licensing applications from
				foster family and day care home applicants and make recommendations for
				licensure directly to the Department. The child welfare agency headquarters
				authorization of delegation of licensing authority to the branch office must be
				in writing, signed by the authorized representative of the governing body of
				the child welfare agency, and must include the following:
* the name of the administrative staff person primarily
				responsible for the day-to-day operation of the branch office; and
* the address, phone number and office hours for the branch
				office; and
* the names of the staff persons in the
				branch office who have passed the licensing examinations required by the Child
				Care Act of 1969, thus qualifying them to conduct license studies and recommend
				applicants for licensure, and the types of facilities which they are qualified
				to examine.
The written delegation of authority to operate a
				branch office which processes licensing applications must be filed with the
				Central Office of Licensing, 406 East Monroe Street, Station #60, Springfield,
				Illinois 62701. If the child welfare agency is fully licensed in good standing
				and the branch office has sufficient qualified staff who have passed the
				licensing examinations for the types of facilities to be licensed by the branch
				office of the child welfare agency, the Central Office of Licensing shall
				approve the operation of the branch office for the recommendation of foster
				family and day care home licenses.
Any and all enforcement actions
				(orders for compliance, license revocation, conditional license, provisional
				license, etc.) will be handled through the child welfare agency headquarters
				with a copy to the branch office of the child welfare agency.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Appendix C - Management Representations of Child Welfare Agency Financial Condition and Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The chief fiscal officer and an
				authorized representative of the governing body shall prepare responses to the
				following representations about the operations of the child welfare agency for
				the prior fiscal year and submit them to the Department within 180 days after
				the end of the agency's fiscal year. This response shall be on a form provided
				by the Department and shall be signed and dated by the chief fiscal officer and
				the authorized representative of the governing body. When the child welfare
				agency functions within a larger multi-service agency, the responses shall be
				limited to the operation of the child welfare agency.
1) The
				agency has a bookkeeping system that includes, minimally, a chart of accounts
				and appropriate accounting journals.
2) The agency has paid its
				payrolls in accordance with specified payroll schedule.
3) The
				agency has paid relative caregivers and/or foster parents in accordance with
				its established payment schedules.
4) All payroll taxes or other
				tax liabilities have been paid on or in advance of the date required by all
				taxing authorities.
5) The agency has not defaulted on any
				debt.
6) The agency has billed funding agencies within 60 days for
				amounts due.
7) The agency has not failed to collect billings and
				has not had to write off billings.
8) The agency has adequate
				assets to provide for agency operations and services such as staff, taxes,
				rent, utilities, and supplies for a period of at least 30 days.
9)
				The agency has not loaned money to agency employees or members of the board of
				directors.
10) The agency does not have an operating deficit for
				the year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Appendix D - Minimum Requirements for a Risk Management Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The
				risk management plan required by Section
				401.220(g)
				shall address at least the following areas of risk with the answers
				sufficiently explained.
1) What risks are presented by the child
				welfare services offered or supervised by the child welfare agency? How is the
				agency minimizing those risks?
2) What risks are presented to
				staff and caregivers in the conduct of their duties? How is the agency
				minimizing those risks? Does the child welfare agency provide staff with a
				photo identification card?
3) What training is provided to staff,
				foster parents, relative caregivers, day care home providers, or youth in
				independent living arrangements to help them identify and minimize risks
				associated with their various duties or living arrangements? Describe all
				required training.
4) Does the agency have a plan to assure the
				quality of services it delivers? Describe the quality assurance plan.
5) Are adequate investigations into the qualifications, education, and
				experience of staff completed before they are hired? Describe the hiring
				process.
6) Are agency personnel sufficiently qualified to provide
				services to the types of children accepted for care? How do staff
				qualifications compare to the special needs which children or youth may
				present?
7) Does the design of any building used for family and
				child related activities (such as rooms used for family counseling or visits)
				minimize risks to staff and clients?
8) Are buildings used by the
				child welfare agency appropriately maintained?
9) Does the agency
				have a regular maintenance schedule for vehicles used to transport children? If
				so, describe the schedule.
10) Does the agency require persons who
				transport children to use child safety restraints and make adequate child
				safety seats available to staff and volunteers?
11) Does the
				agency have policies in place regarding when staff and volunteers of the same
				and opposite sex may be alone with clients?
12) Does the agency
				have emergency and disaster preparedness plans? Are they posted and made
				available to staff? If so, describe the plan and how it is made available to
				staff.
13) Has the agency addressed any deficiencies identified by
				the independent auditor in the management of its financial resources? Explain
				what actions were taken.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart H - ENFORCEMENT AND SEVERABILITY CLAUSE › Appendix H - Professionals Who Must Be Registered or Licensed to Practice in the State of Illinois

Current through Register Vol. 48, No. 28, July 12, 2024
Type of Profession
Statute Which Requires Registration or
				Licensure
Athletic
				Trainer
Illinois Athletic Trainers Practice Act [225
				ILCS 5 ]
Clinical Social Worker
Clinical Social Work and Social Work Practice Act [225 ILCS
				20]
Dental Assistant
Illinois Dental Practice Act [225 ILCS 25 ]
Dentist
Illinois Dental Practice Act [225 ILCS
				25]
Dietician
Dietetic and Nutrition Services Practice Act [225 ILCS 30]
Marriage and Family Therapist
Marriage and Family Therapy Licensing Act [225 ILCS 55]
Nurse
Illinois Nursing Act of
				1987 [225 ILCS 65 ]
Occupational
				Therapist
Illinois Occupational Therapy Practice Act
				[225 ILCS 75 ]
Optometrist
Illinois Optometric Practice Act of 1987 [225 ILCS 80]
Pharmacist
Pharmacy Practice Act of
				1987 [225 ILCS 85]
Physical therapist
Illinois Physical Therapy Act [225 ILCS 90 ]
Physician
Medical Practice Act of
				1987 [225 ILCS 60]
Physician
				Assistant
Physician Assistant Practice Act of 1987 [225
				ILCS 95]
Podiatrist
Podiatric Medical Practice Act of 1987 [225 ILCS 100]
Professional Counselor
Professional
				Counselor and Clinical Professional Counselor Act [225 ILCS 107]
Psychologist
Clinical
				Psychologist Licensing Act [225 ILCS 15]
Social Worker
Clinical Social Work and Social
				Work Practice Act [225 ILCS 20]
Speech-Language Pathologist
Illinois
				Speech-Language Pathology and Audiology Practice Act [225 ILCS 110]
Teacher
School Code [105
				ILCS 5]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
				this Part is to prescribe the standards for licensure as a foster family home
				and to describe how to apply for a license.
b) The licensing standards set forth in this
				Part are applicable to foster family homes as defined in the Child Care Act, as
				well as to those foster family homes operated or supervised by the Department
				and by agencies exempt from licensing as identified in 89 Ill. Adm. Code 382
				(Agencies Exempt from Licensing).
c) The Central Office of Licensing shall
				ensure that these licensing standards are reviewed every 3 years to determine
				whether the licensing standards, as written, are appropriate.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.5 - Application for Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application forms for license renewal shall be mailed to foster parent
				licensees by the supervising agency at least three months prior to the
				expiration date of the license.
b)
				The completed, signed application for renewal of the license shall be received
				by the supervising agency no later than 60 days after the date the application
				forms for license renewal were mailed to the licensee.
c) Upon receipt of the application for
				license renewal, the supervising agency shall conduct a license study in order
				to determine that the foster home continues to meet licensing standards. The
				licensing study shall be in writing and shall be reviewed and signed by the
				supervisor and signed by the worker performing the study.
d) When a licensee has made timely and
				sufficient application for the renewal of a license and the Department fails to
				render a decision on the application for renewal of the license prior to the
				expiration date of the license, the existing license shall continue in full
				force and effect for up to 30 days until the final Department decision has been
				made.The Department may further extend the period in which such decision must
				be made in individual cases for up to 30 days, but such extensions shall be
				only upon good cause shown. [225 ILCS
				10/5(d) ]
e) As part of the renewal application, each
				foster family home applicant and member of the household 17 and older shall
				authorize criminal background checks in accordance with 89 Ill. Adm. Code 385
				(Background Checks) and shall submit to fingerprinting, if fingerprints are not
				already on file with the Department, to determine if the individual has ever
				been charged with a crime and, if so, the disposition of the charges. In
				addition, members of the household ages 13 through 16 must authorize a SACWIS
				check and a check of the Child Sex Offender Registry.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.6 - Provisions Pertaining to Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A two month permit may be issued only with
				the personal written approval of the Director of the Department when:
1) The application for license has been
				completed and signed by the foster parent applicants and submitted to the
				Department;
2) The required
				background check forms have been completed in accordance with 89 Ill. Adm. Code
				385 (Background Checks), classifiable fingerprints, as defined in this Part,
				have been obtained, and Child Sex Offender Registry and CANTS checks have been
				completed that find no history of child abuse or neglect or criminal activities
				for the foster home applicants;
3)
				A complete licensing study has been conducted by the licensing representative
				and it has been determined that the family is in reasonable compliance with all
				applicable standards except for receipt, review, and disposition of the
				criminal background check required by 89 Ill. Adm. Code 385 (Background
				Checks);
4) Furnishings, equipment
				and space sufficient for the children have been acquired; and
5) The applicants have signed:
A) affidavits indicating whether they have or
				have not been convicted or charged with a crime other than a minor traffic
				violation and a description of any convictions or charges;
B) acknowledgments that, by virtue of being a
				foster parent, they are mandated to report suspected child abuse or
				neglect;
C) acknowledgements that
				the permit is time limited and issuance of a license is contingent upon the
				results of the criminal background check;
D) acknowledgements that the permit may be
				cancelled and the Department will refuse to issue a license if the results of
				the criminal background check are unfavorable; and
E) acknowledgements that any children placed
				in their care will be removed without prior notice if information provided
				during the application process has been falsified or the applicants have a
				prior criminal history, other than for a minor traffic violation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.7 - Provisions Pertaining to the License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A foster family home license is valid for
				four years unless revoked by the Department or voluntarily given up by the
				licensee.
b) The number of children
				cared for in the foster family home shall not exceed the license capacity and
				must conform with the requirements for the number and ages of children
				specified on the license.
c) The
				foster parents' biological and adopted children under 18 years of age and all
				other children under 18 years of age receiving full-time care shall be counted
				when determining license capacity.
d) The license shall not be transferred to
				another person or other legal entity.
e) The license shall not be valid for a name
				or an address other than the name and address on the license.
f) A current license shall be available in
				the foster home at all times.
g)
				There shall be no fee or charge for the license.
h) The foster family shall adhere to the
				provisions or restrictions specified on the license.
i) Non-active License Status
1) The Department may place a foster family
				home license in non-active status when the licensee agrees in writing:
A) that the home has no foster placements and
				will not accept foster placements while in non-active status;
B) to maintain compliance with current and
				ongoing licensing standards as they are put into effect; and
C) to have the license moved to non-active
				status.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.10 - Nutrition and Meals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The foster
				home shall provide at least three balanced meals per day in quantities
				sufficient to meet the recommended dietary allowances for nutritional needs of
				children. The time span between meals shall not be greater than 14 hours
				(overnight).
b) Food products from
				home-raised animals shall meet the standards of the Departments of Agriculture
				and Public Health.
c) When a
				physician has prescribed a special diet for a child, the home shall provide the
				special diet.
d) The foster home
				shall consider the child's nutritional needs in relationship to the sex, age,
				religious beliefs and cultural background of the child.
e) Meals served to children shall be
				substantially the same as those served other family members unless a variation
				based on medical needs or religious beliefs is required.
f) Meals shall be served in an unhurried
				manner, under clean and sanitary conditions.
g) Children shall be encouraged to eat the
				food that is served, but shall not be subjected to coercion or forced
				feeding.
h) Children may be allowed
				to assist in meal preparation under adult supervision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.11 - Business and Employment of Foster Parents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operation of other business
				enterprises on the premises is permitted but shall not interfere with the care
				of the child or endanger the health, safety and welfare of the child. The
				supervising agency must know and approve of any business operation. This is
				non-waivable.
b) The licensee's
				employment outside of the home is permitted but shall not interfere with the
				proper care of the foster child. When foster parents are employed outside the
				home, provision shall be made for adequate supervision of the children. The
				provision for supervision of the foster children shall be approved in writing
				by the supervising agency prior to placement of children in the home or at the
				time of employment. A copy of the approval shall be maintained in the
				supervising agency's licensing file and shall be sent to the foster parent.
				This is non-waivable.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.12 - Qualifications of Foster Family

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				licensees shall be either a single person or two persons in a marriage or civil
				union with each other. Each foster parent shall be willing and able to assume
				appropriate responsibilities for the child or children received for
				care.
b) An individual may be
				allowed to share the living arrangements only at the discretion of the
				supervising agency. The licensee is responsible for reporting to the
				supervising agency that an individual may be sharing the living arrangements
				prior to the individual moving into the home or prior to licensure. The
				individual will be subject to the same requirements as other members of the
				household, such as health certification and background checks as required in 89
				Ill. Adm. Code 385 (Background Checks). The license capacity will be
				redetermined based on the new family composition. This is
				non-waivable.
c) Foster parents
				shall be stable, law abiding, responsible, mature individuals, at least 21
				years of age. This is non-waivable.
d) The capability of the foster parents to
				provide care shall be considered prior to licensure of the foster family home.
				A decision to establish the age and number of children permitted in the home
				shall be based on an assessment of the foster family and shall consider at
				least the following criteria, which are non-waivable:
1) the foster parents' capability to provide
				care including an evaluation of the caregivers' health, strength, and
				mobility;
2) whether at least one
				applicant for foster home licensure can read and write at the level necessary
				to meet the needs of youth in care and whether the applicants participate
				effectively in the community in which they reside;
3) the number, chronological and functional
				age, and characteristics and needs of the children currently under the care of
				the foster parents. This shall include an assessment of the foster parent's own
				children under age 18, all other children under age 18 receiving full-time
				care, and children receiving day care services in the foster family
				home;
4) the characteristics,
				limitations, and responsibilities of the caregivers. All members of the foster
				family shall be free from active alcohol or substance dependency;
5) the caregivers' ability to appropriately
				care for and adequately supervise the children currently in the home, as well
				as their ability to care for and supervise the ages, needs, and behaviors of
				the children who may be placed in the foster family home; and
6) the number of foster parents in the home
				and the availability and experience of child care assistants.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Section 402.13 - Background Inquiry

Current through Register Vol. 48, No. 28, July 12, 2024
a) As a
				condition of issuance or renewal of a license by the Department, foster parents
				shall furnish information of:
1) any offenses
				(other than minor traffic violations) for which they have been convicted;
				and
2) the disposition of the
				convictions.
The Department shall make a determination concerning the
				suitability of the foster parents in working with the child in accordance with
				this Part and 89 Ill. Adm. Code 385 (Background Checks).