Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart A - GENERAL PROVISIONS › Section 50.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Access to Children" - an employee (including volunteers)
				  whose job duties require that the employee be present in the child care
				  facility during the hours that children are present in the facility and
				  includes any person who is permitted to be alone outside the visual or auditory
				  supervision of facility staff with children receiving care in the facility. All
				  individuals with access to children in care must submit to the required
				  background checks.
"Background Check" -
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 Illinois and National Sex Offender
				  Registries.
"Base Wages and Salary" - is the amount of gross earned
				  income calculated by multiplying the number of hours worked by the hourly wage
				  plus tips, before any deductions, such as taxes, pension payments, union dues,
				  insurance, etc., are made. Base wages and salary do not include non-recurrent
				  or inconsistent pay for overtime, incentives, bonuses, sick, vacation, travel
				  reimbursements or other types of non-recurrent or inconsistent income.
"CANTS" - the Child Abuse and Neglect Tracking System
				  operated and maintained by the Department of Children and Family Services. This
				  system is being replaced by the Statewide Automated Child Welfare Information
				  System (SACWIS).
"Child Care Assistance Program" or "CCAP" - Child care
				  services authorized by the Department of Human Services (DHS) as specified in
				  89 Ill. Adm. Code 50.
"Child Care Provider" or "Child Care Facility" - any
				  individual (other than a parent or legal guardian), group of persons, agency,
				  association, or organization that provides programs or services for
				  compensation, exclusively directed towards persons under the age of 18.
"Conviction" -
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
				  5/2-5 ])
"Employment" or "Work" - a trade, profession, occupation, job
				  or other means of livelihood for which a wage, salary or monetary compensation
				  is paid.
"Family" - the applicant, his or her spouse, and the
				  biological or adoptive children or stepchildren of the applicant or his or her
				  spouse under age 21 living in the same household. Family must also include the
				  child for whom care is requested, the child's dependent blood-related and
				  adoptive siblings, and the child's and sibling's parents living in the same
				  household. The family may also include other persons related by blood or law to
				  the applicant or his or her spouse living in the same household if they are
				  dependent upon the family for more than 50 percent of their support, if
				  including these individuals would be beneficial for the family. The family may
				  also include a child of the applicant or his or her spouse under age 21 who is
				  dependent upon the family for more than 50 percent of his or her support and
				  who is a full-time student away at school, provided he or she has not
				  established legal residence outside the family household, if including this
				  individual would be beneficial for the family.
"Improper Payment" - any payment that should not have been
				  made or that was made in an incorrect amount (including overpayments and
				  underpayments) under statutory, contractual, administrative, or other legally
				  applicable requirements, and includes any payment to an ineligible recipient,
				  any payment for an ineligible service, any duplicate payment, payments for
				  services not received, and any payment that does not account for applicable
				  discounts.
"Member of the Household" - a person who lives at the same
				  address as the parent, legal guardian or child, as evidenced by factors
				  including, but not limited to, maintaining clothing and personal effects at the
				  household address, receiving mail at the household address, or using
				  identification with the household address.
"Parents" or "Parents or other Relatives" - applicants for or
				  recipients of child care assistance who reside in the same household as the
				  child. Parents or other relatives include:
a biological parent;
an adoptive parent;
a child's biological or adoptive parent who is the primary
				  residential parent (custodian) of the child:
in an order of joint custody entered pursuant to Section
				  602.1 of the Illinois Marriage and Dissolution of Marriage Act [ 750 ILCS 5 ];
				  or
in an original or modification proceeding as provided in
				  Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act [ 750
				  ILCS 36 ], pursuant to Section 601 of the Illinois Marriage and Dissolution of
				  Marriage Act;
a stepparent;
a legal guardian; or
a caretaker relative within the fifth degree of kinship. The
				  degrees of kinship are the following blood and adoptive relatives:
First Degree of Kinship:
father; or
mother.
Second Degree of Kinship:
brother;
sister;
grandfather; or
grandmother.
Third Degree of Kinship:
great-grandfather;
great-grandmother
uncle;
aunt;
nephew; or
niece.
Fourth Degree of Kinship:
great-great-grandfather;
great-great-grandmother;
great-uncle;
great-aunt;
first cousin;
great-niece; or
great-nephew.
Fifth Degree of Kinship:
great-great-great-grandfather;
great-great-great-grandmother;
great-great-uncle;
great-great-aunt;
first cousin once removed;
second cousin;
great-great niece; or
great-great nephew.
Step-Relatives:
step-father;
step-mother;
step-brother; or
step-sister.
"Persons Subject to Background Checks" -
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.
If the child care facility operates in a family home, the
				  provider 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.
"School-age youth" for the purposes of the Child Care
				  Assistance Program (CCAP), means a child ages 5 through 13 (or through the age
				  of 18 if approved for CCAP due to a special need or court order) who is
				  enrolled in school. A five year old child is considered school age only when
				  enrolled in a school based education/kindergarten program. This enrollment does
				  not include a before/after school program.
"Special Needs Child" -
a child with a disability, as defined in section 602 of the
				  Individuals with Disabilities Education Act (
				  20
				  USC 1401 );
a child who is eligible for Early Intervention services under
				  Part C (subchapter III) of the Individuals with Disabilities Education Act (
				  20 USC 1431
				  et seq.);
a child who is less than 13 years of age and who is eligible
				  for services under section 504 of the Rehabilitation Act of 1973 (
				  29 USC
				  794 ).
"Teen Parent" - parents through age 19.
"Two-Parent Household" or "Two-Parent Family" - a family with
				  two parents living in the home; includes unmarried parents who share a child in
				  common.