Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 406 - LICENSING STANDARDS FOR DAY CARE HOMES › Appendix C - Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Day Care Home

Current through Register Vol. 48, No. 28, July 12, 2024
A. The Department makes the
				presumption that an individual who has been determined to be a perpetrator of
				child abuse or neglect involving the allegations listed below, as defined in
				Appendix B, Child Abuse and Neglect Allegations of 89 Ill. Adm. Code 300,
				Reports of Child Abuse and Neglect is not suitable for work that allows access
				to children.
Death
Head injury,
				brain damage, skull fracture or hematoma
Internal
				injuries
Wounds (gunshot, knife, or puncture)
Torture
Sexually transmitted
				diseases
Sexual penetration
Sexual molestation
Sexual
				exploitation
Failure to thrive
Malnutrition
Medical neglect of disabled
				infant
A single indicated report of child abuse or
				neglect that resulted in serious injury to the child, regardless of the
				allegations involved
More than one indicated report
				involving any of the following allegations, regardless of severity:
Burns or scalding
Poison or noxious
				substances
Bone fractures
Cuts,
				bruises, welts, abrasions and injuries
Human
				bites
Sprains or dislocations
Tying or close confinement
Substance
				misuse
Mental and emotional impairment
Substantial risk of physical injury
Inadequate supervision
Abandonment or
				desertion
Medical neglect
Lock-out
Inadequate food
Inadequate shelter
Inadequate
				clothing
Environmental neglect
If the
				licensees/license applicants believes there are unusual circumstances that
				should be considered to mitigate the presumption of unsuitability, the
				licensees/license applicants may request a waiver of the presumption of
				unsuitability. Materials to be considered are to be submitted to the licensing
				entity.
B. Criminal Convictions Which Prevent Licensure or
				Employment
If any person subject to background checks
				has been included in the Statewide Child Sex Offender Database or convicted of
				committing or attempting to commit one or more of the following serious
				criminal offenses under the Criminal Code of 1961 [720 ILCS 5 ] or under any
				earlier Illinois criminal law or code or an offense in another state, the
				elements of which are similar and bear a substantial relationship to any of the
				criminal offenses specified below, this conviction will serve as a bar to
				receiving a license or permit to operate as a child care facility and from
				obtaining employment or continuing in employment in a licensed child care
				facility that allows access to children as part of the duties.
The offenses that serve as a bar to licensure, residence in a
				family home in which a child care facility operates, or employment that allows
				access to children in any child care facilities subject to licensing
				include:
OFFENSES DIRECTED AGAINST THE PERSON
HOMICIDE
Murder
Solicitation of murder
Solicitation of
				murder for hire
Intentional homicide of an unborn
				child
Voluntary manslaughter of an unborn child
Involuntary manslaughter
Reckless
				homicide
Concealment of a homicidal death
Involuntary manslaughter of an unborn child
Reckless homicide of an unborn child
Drug induced homicide
KIDNAPPING AND RELATED
				OFFENSES
Kidnapping
Aggravated
				kidnapping
Aggravated unlawful restraint
Forcible detention
Child
				abduction
Aiding and abetting child abduction
Harboring a runaway
SEX
				OFFENSES
Indecent solicitation of a child
Indecent solicitation of an adult
Public indecency
Sexual exploitation of a
				child
Custodial sexual misconduct
Presence within school zone by child sex offenders
Approaching, contacting, residing, or communicating with a
				child within a public park zone by child sex offenders
Sexual relations within families
Prostitution
Soliciting for a
				prostitute
Soliciting for a juvenile prostitute
Solicitation of a sexual act
Pandering
Keeping a place of
				prostitution
Keeping a place of juvenile
				prostitution
Patronizing a prostitute
Patronizing a juvenile prostitute
Pimping
Juvenile pimping
Exploitation of a child
Obscenity
Child pornography
Harmful material
Tie-in sales of
				obscene publications to distributors
Posting of
				identifying information on a pornographic Internet site
BODILY HARM
Heinous battery
Aggravated battery with a firearm
Aggravated battery of a child
Tampering with
				food, drugs, or cosmetics
Hate crime
Stalking
Aggravated stalking
Threatening public officials
Home
				invasion
Vehicular invasion
Criminal sexual assault
Aggravated criminal
				sexual assault
Predatory criminal sexual assault of a
				child
Criminal sexual abuse
Aggravated sexual abuse
Criminal
				transmission of HIV
Criminal neglect of an elderly or
				disabled person
Child abandonment
Endangering the life or health of a child
Ritual mutilation
Ritualized abuse of
				a child
Drug induced infliction of great bodily
				harm
Refer to Appendix A of Part 385 for additional convictions
				that bar licensure of or employment in a child care facility.