Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1305 - Request for Resident Criminal History Record Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility shall, within 24 hours after
				admission of a resident, request a criminal history background check pursuant
				to the Uniform Conviction Information Act [210 ILCS 2635 ] for all persons 18
				or older seeking admission to the facility, unless a background check was
				initiated by a hospital pursuant to the Hospital Licensing Act. Background
				checks shall be based on the resident's name, date of birth, and other
				identifiers as required by the Department of State Police. (Section 2-201.5(b)
				of the Act)
b) The facility shall
				check for the individual's name on the Illinois Sex Offender Registration
				website at www.isp.state.il.u [File Link Not Available] and the Illinois
				Department of Corrections sex registrant search page at www.idoc.state.il.u
				[File Link Not Available] to determine if the individual is listed as a
				registered sex offender.
c) If the
				results of the background check are inconclusive, the facility shall initiate a
				fingerprint-based check, unless the fingerprint check is waived by the Director
				of Public Health based on verification by the facility that the resident is
				completely immobile or that the resident meets other criteria related to the
				resident's health or lack of potential risk, such as the existence of a severe,
				debilitating physical, medical, or mental condition that nullifies any
				potential risk presented by the resident. (Section 2-201.5(b) of the Act) The
				facility shall arrange for a fingerprint-based background check or request a
				waiver from the Department within 5 days after receiving inconclusive results
				of a name-based background check. The fingerprint-based background check shall
				be conducted within 25 days after receiving the inconclusive results of the
				name-based check.
d) A waiver
				issued pursuant to Section 2-201.5 of the Act shall be valid only while the
				resident is immobile or while the criteria supporting the waiver exist.
				(Section 2-201.5(b) of the Act)
e)
				The facility shall provide for or arrange for any required fingerprint-based
				checks to be taken on the premises of the facility. If a fingerprint-based
				check is required, the facility shall arrange for it to be conducted in a
				manner that is respectful of the resident's dignity and that minimizes any
				emotional or physical hardship to the resident. (Section 2-201.5(b) of the Act)
				If a facility is unable to conduct a fingerprint-based background check in
				compliance with this Section, then it shall provide conclusive evidence of the
				resident's immobility or risk nullification of the waiver issued pursuant to
				Section 2-201.5 of the Act.
f) The
				facility shall be responsible for taking all steps necessary to ensure the
				safety of residents while the results of a name-based background check or a
				fingerprint-based background check are pending; while the results of a request
				for waiver of a fingerprint-based check are pending; and/or while the
				Identified Offender Report and Recommendation is pending.