reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 378 - DAY CARE INFORMATION LINE › Section 378.30 - General Requirements and Operation of Day Care Information Line

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hours of
			 Operation
The Department of Children and Family Services shall establish
				and maintain a Statewide toll-free number that will be staffed from 8:30
				a.m.-5:00 p.m., Monday through Friday, excluding holidays. The phone line shall
				be available to all individuals within the State of Illinois to provide the
				history and record of licensed day care homes, group day care homes, day care
				agencies and day care centers.
b) Information to be Provided
1) Specific information provided by the day
			 care information line on day care facilities closed prior to January 1, 1999
			 shall be:
A) date the facility was initially
			 licensed,
B) expiration date of the
			 last license,
C) revocations,
			 and
D) surrenders.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 379 - DUAL JURISDICTION › Section 379.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Child care facility" means persons or corporations who provide
				care for children not related to the operator of the facility for all or part
				of the day away from the child's home. These facilities are specifically
				identified by type in the Child Care Act (Illinois Revised Statutes, Chapter
				23, Section 2211 et seq.).
"Dual jurisdiction" means those situations in which
				governmental units, other than the State of Illinois, enact laws which affect
				the facilities licensed and regulated by the Department of Children and Family
				Services.
"Home rule" refers to the powers described in Article 7,
				Section 6 of the Illinois Constitution of 1970. Home rule governmental units
				are specifically empowered to legislate in designated areas, including
				licensing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 379 - DUAL JURISDICTION › Section 379.3 - Regulation By Other Governmental Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department of Children and Family
			 Services will attempt to cooperate with other governmental units to assure that
			 child care facilities are available throughout the state and to protect the
			 health and safety of children in such facilities. Such cooperation will include
			 working with home rule and other local governments to promote consistency and
			 reasonableness of licensing standards.
b) When both the Department of Children and
			 Family Services and a non-home rule unit exercise jurisdiction in determining
			 whether a child care facility will operate, the Department's regulatory powers
			 take precedence over any local enactments.
c) The Department of Children and Family
			 Services and home rule units may exercise concurrent jurisdiction in
			 determining whether a child care facility is permitted to operate. Regulations
			 enacted by home rule units should be reasonable, consistent with uniform state
			 (i.e. The Department of Children and Family Services) standards and accomplish
			 and execute the full purposes and objectives of the Illinois legislature to
			 provide services to children and their families as described in the Department
			 of Children and Family Services Enabling Act, Ill. Rev. Stat., Ch. 23, Sec.
			 5001 et seq. (1979) and in the Child Care Act, Ill. Rev. Stat., Ch. 23, Sec.
			 2211 et seq. (1979).
d) When a home
			 rule unit exercises its powers and enacts regulations which result in denial of
			 the local license to a facility meeting the Department of Children and Family
			 Service licensing standards, attempts shall be made to negotiate a resolution
			 acceptable to the Department, the facility, and the home rule
			 community.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 381 - ADVERTISING BY UNLICENSED FACILITIES › Section 381.2 - Definition

Current through Register Vol. 48, No. 28, July 12, 2024
"Child care facility" means persons or corporations who provide
				care for children for all or part of the day outside of the children's own
				homes. These facilities are specifically identified in the Child Care Act (Ill.
				Rev. Stat., ch. 23, Sec. 2211 et seq.).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 381 - ADVERTISING BY UNLICENSED FACILITIES › Section 381.3 - Advertising Prior to Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
Unlicensed child care facilities are prohibited from
				advertising unless:
a) they have
			 applied for a license and have proceeded in good faith to meet Departmental
			 licensing standards and the advertising relates prospectively to the rendition
			 of future services to be provided after achieving licensure; or
b) they hold a temporary permit pending
			 issuance of a license; or
c) they
			 are approved caretakers per Part 332, Approval of Relative Home
			 Caretakers.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 381 - ADVERTISING BY UNLICENSED FACILITIES › Section 381.10 - Authority and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Section 48(2.1) of the Illinois Banking Act [205 ILCS 5] and
				Section 9004(f) of the Illinois Savings Bank Act [205 ILCS 205] require the
				Secretary of the Department of Financial and Professional Regulation to adopt
				rules that ensure consistency and due process in the examination process for
				banks. The statutes also permit the Secretary to establish guidelines that
				define the scope of the examination process and clarify examination items to be
				resolved. The statutes provide that the rules, formal guidance, interpretive
				letters, or opinions furnished to banks by the Secretary may be relied upon by
				the banks. Guidance or a letter based on specific circumstances affecting one
				particular bank that is furnished only to that bank may not be relied upon by
				banks generally unless that guidance or letter states
				otherwise.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 381 - ADVERTISING BY UNLICENSED FACILITIES › Section 381.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise in this Part, the following terms
				shall have the following meanings:
"Bank" means, for purposes of this Part only, a State bank
				chartered under the Illinois Banking Act or a savings bank chartered under the
				Illinois Savings Bank Act.
"Division" means the Illinois Department of Financial and
				Professional Regulation, Division of Banking.
"Examination" means, except as otherwise stated in this Part,
				an examination conducted pursuant to Section 48(2) of the Illinois Banking Act
				or an examination conducted pursuant to Section 9004 of the Illinois Savings
				Bank Act.
"Examination" does not include any action the Division is
				authorized to take on an emergency basis.
"Examination report meeting" means the meeting, at which the
				Division provides any draft examination findings, with the bank's board of
				directors and/or the bank's management. The examination report meeting
				customarily takes place after the exit meeting.
"Exit meeting" means the meeting at which the Division shares
				the preliminary results of the examination with the bank's board of directors
				and/or the bank's management. The exit meeting customarily occurs upon
				completion of an examination's field work.
"Federal financial institution regulators" means the Federal
				Deposit Insurance Corporation, the Board of Governors of the Federal Reserve
				(including Federal Reserve Banks of Chicago and Saint Louis), and the United
				States Office of the Comptroller of the Currency.
"Final examination report" means the report of the examination
				issued by the Division upon completion of the Division examination review
				process and that is delivered to the bank's board of directors and/or the
				bank's management after the examination report meeting.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 381 - ADVERTISING BY UNLICENSED FACILITIES › Section 381.30 - Examination Consistency and Due Process

Current through Register Vol. 48, No. 28, July 12, 2024
To ensure consistency and due process, the Division will make
				every reasonable effort to adhere to the following standards of performance in
				conducting its examinations of banks.
a) Guidelines
1) To supplement this Part, the Division may
			 establish, and publish on the Division's website, guidelines that define the
			 scope of the examination process and clarify the manner in which examination
			 items shall be resolved. These guidelines may include:
A) protocol in identifying and addressing
			 examination findings;
B)
			 preparation of examination reports;
C) delivery of examination reports;
			 and
D) other relevant subjects in
			 accordance with Section 48(2.1) of the Illinois Banking Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules describe the process used by the Department of
				Children and Family Services to license family homes in Illinois supervised by
				agencies in Illinois or in states adjacent to Illinois which are exempt from
				Illinois licensure. In addition, these rules explain that the Department will
				enter into joint agreements with agencies which are exempt from licensing
				provided they meet the standards for licensure as a child welfare agency in
				Illinois.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Family homes" mean foster family homes and day and night care
				homes in Illinois which are licensed or subject to licensure by the Department
				of Children and Family Services. For a complete definition of these homes,
				refer to The Child Care Act, Illinois Revised Statutes, 1979, Chapter 23,
				Section 2211 et seq.
"License-exempt agency" means an agency which is exempt from
				licensure because it is:
a state agency in Illinois other than Illinois Circuit Courts;
				or
an agency located in a state adjacent to Illinois which is
				licensed or authorized to place children by its home state, but is exempt from
				licensure by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.3 - Requirements for License-Exempt Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) License-exempt agencies shall meet the
			 standards for licensure as required in Part 401, Licensing Standards for Child
			 Welfare Agencies.
b) An Illinois
			 state agency shall file with the Department the citation of legal authority
			 under which it can place children in foster family homes or arrange for their
			 care in day or night care homes.
c)
			 An out-of-state agency shall be licensed or otherwise approved by its home
			 state to operate as a child welfare agency to place children in foster family
			 homes or arrange for their care in day or night care homes. Standards used by
			 the home state for such licensure or approval shall be at least equal to those
			 set forth in the Department's rulemaking, Part 401, Licensing Standards for
			 Child Welfare Agencies.
d) The
			 administrator or social work supervisor employed by a license-exempt agency to
			 supervise the care of children out of their own homes shall have the same
			 qualifications as specified for similar administrators or social work
			 supervisors in Part 401, Licensing Standards for Child Welfare
			 Agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.4 - Joint Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
License-exempt agencies which meet the requirements specified
				in these rules shall enter into joint agreements with the Department of
				Children and Family Services, as the Department deems necessary, regarding the
				placement of children in licensed family homes in Illinois and the supervision
				of such homes. These agreements shall clarify the respective responsibilities
				of each party, shall name a designated agency representative who shall serve as
				liaison to the Department in licensing matters, and are in addition to the
				applicable provisions of the Interstate Compact on the Placement of
				Children.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.5 - Licensing Family Homes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Children and Family Services shall issue and renew licenses of
			 family homes located in Illinois which are supervised by license-exempt
			 agencies providing such homes are in compliance with the applicable rules
			 adopted by the Department concerning standards for foster family or day or
			 night care homes. (Part 402, Licensing Standards for Foster Family homes and
			 Regulation 5.09, Minimum Standards For Licensed Day and Night Care
			 Homes).
b) The license-exempt
			 agency shall recruit family homes and complete the required licensing study
			 before licensure by the Department. The agency shall submit the application for
			 licensure and the licensing study required for licensure to the Department. The
			 Department shall review and approve or disapprove the application of
			 licensure.
c) All licenses issued
			 by the Department shall be sent directly to the family homes. A copy of the
			 license or the disapproval of the license shall be sent to the license-exempt
			 agency which recruited the homes and completed the licensing study.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.6 - Agency Reports and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 accordance with Department licensing standards, the agency shall submit to the
			 Department:
1) changes affecting the
			 licensure status of its homes in Illinois on forms provided by the Department,
			 and
2) reports requested by the
			 Department pertaining to Illinois homes under agency supervision or the
			 children placed in them.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.7 - Agency Services Provided to Children

Current through Register Vol. 48, No. 28, July 12, 2024
An agency shall provide services to children as prescribed by
				the Department's rulemaking, Part 401, Licensing Standards for Child Welfare
				Agencies. An agency may apply any other standards, policy, or procedure which
				does not diminish or conflict with applicable Illinois licensing
				standards.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.8 - Department Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Director of the Department of Children and Family Services shall designate
			 staff to serve as the Department's liaison in working with license-exempt
			 agencies.
b) The Department shall:
1) furnish agencies with copies of laws,
			 standards and other related rules, licensing forms and instructions, and
			 information pertaining to licensure in Illinois;
2) process licenses for family homes under
			 the jurisdiction of the agency and maintain records of all such licenses issued
			 by the Department;
3) notify the
			 applicant, with a copy of the notification to the supervising agency, if a
			 license cannot be issued and the reasons it cannot be issued;
4) communicate with representatives of the
			 agency on problems involving the licensing of any of its homes;
5) be accessible to the agency's designated
			 representative for consultation about the licensing standards, the licensing
			 process or the joint agreements; and
6) determine that the agency continues to be
			 eligible to seek licenses for and to supervise and place children in family
			 homes in Illinois.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.9 - Termination of Joint Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 causes for terminating a joint agreement shall be:
1) the agency fails to comply with any of the
			 terms in the agreement;
2) the
			 agency has ceased to do business, or its business will no longer include
			 supervising Illinois family homes; or
3) the agency no longer meets the
			 requirements of Part 401, Licensing Standards for Child Welfare
			 Agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 382 - AGENCIES EXEMPT FROM LICENSING › Section 382.10 - Continuing Operation and Supervision of Family Homes

Current through Register Vol. 48, No. 28, July 12, 2024
When the joint agreement is terminated, the family homes in
				Illinois which the agency supervised shall continue to operate as before
				termination of the agreement, providing the family homes remain in compliance
				with applicable licensing standards. When an agreement with a license-exempt
				agency has been terminated, the Department will provide for appropriate
				alternative supervision of the family homes by:
a) seeking appropriate supervision by another
			 child welfare agency which meets applicable licensing standards;
b) supervising the family homes directly; or
			 by
c) seeking appropriate
			 supervision of the family homes by another public agency or court empowered to
			 provide such supervision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 383.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part describes:
a) the Department and supervising agency's
				responsibility to monitor child care programs and facilities and to visit and
				examine child care programs and facilities to determine compliance with the
				Child Care Act of 1969 [225 ILCS 10 ] and licensing standards;
b) requirements for the Department or
				supervising agency to receive complaints and conduct licensing complaint
				investigations;
c) requirements for
				the Department or supervising agency to develop and implement a protective plan
				or corrective plan that assures the safety of children while a licensed program
				or facility corrects noted violations;
d) review of licensing decisions;
e) enforcement actions;
f) the procedures for surrender of a license
				or permit; and
g) the
				administrative hearing process through which a licensee or permit holder may
				obtain review of certain enforcement actions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 383.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to all agencies, child care facilities and
				  programs subject to regulation under the Child Care Act. The Department is
				  ultimately responsible for enforcing the Child Care Act. Non-Department
				  supervising agencies are authorized to perform certain enforcement functions as
				  identified in this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.25 - Monitoring Visits to Licensed Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Licensing representatives of the
				Department or supervising agency shall visit the program or facility for the
				purpose of determining its continued compliance with the Child Care Act and
				licensing standards. Monitoring visits may be announced or unannounced during
				the hours of operation, whether or not children are currently present or in
				care.
b) Monitoring visits for all
				licensed foster homes shall be conducted at least twice each calendar year by a
				representative of the supervising agency, and more frequently when conditions
				in the home warrant.
c)All types of
				licensed child care facilities other than foster homes shall be monitored by an
				authorized licensing representative at least once annually and more frequently
				when conditions in the facility warrant. Foster homes shall be monitored by an
				authorized licensing representative at least semiannually.
d) Any facility permit shall be monitored by
				an authorized licensing representative a minimum of once per month.
e) The licensing representative shall
				document observations made during the monitoring visit. The licensing
				representative shall notify the licensee or permit holder, in writing, of any
				substantiated violations and required follow-up actions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.30 - Complaints Alleging Violation of the Child Care Act or Licensing Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints
				alleging violation of the Child Care Act or licensing standards related to the
				licensing or operation of child care programs or facilities may originate from
				any source. Complaints alleging licensing violations or that a program or
				facility is operating without a license may be accepted from anonymous or
				identified sources.
b) Staff of the
				Department and purchase of service agencies (see 89 Ill. Adm. Code 357) shall
				immediately make a licensing complaint when they observe or have knowledge of
				substantiated violations of the Child Care Act or licensing standards,
				including the failure of individual staff at child care facilities or child
				welfare agencies to report suspected abuse or neglect of children within the
				child care facility as required by the Abused and Neglected Child Reporting Act
				[
				225 ILCS
				10/8.5 ].
c) A licensing complaint shall be immediately
				directed to the supervising agency or to the Department's licensing unit
				serving the geographical area of the facility. A licensing complaint involving
				a home licensed to operate as both a foster home and a day care home shall be
				directed to both supervising agencies.
d) When the Department receives a complaint
				involving a foster home, day care home, or a home that is licensed to operate
				as both a foster home and a day care home, the Department shall immediately
				notify the supervising agencies of the complaint.
e) When a non-Department supervising agency
				receives a licensing complaint, that complaint shall be reported to the
				Department licensing representative who supervises the agency within 3 business
				days.
f) Investigations Not
				Necessarily Required
1) A licensing complaint
				investigation is not required when:
A) the
				alleged violation occurred more than 60 days before receipt of the complaint
				and is not of a continuing nature;
B) the complaint is anonymous and fails to
				allege violations that affect the health, safety, morals or welfare of the
				children being served; or
C) no
				violations of the Child Care Act or licensing standards are apparent from the
				complaint.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.35 - Investigations of Complaints Concerning Licensed Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a complaint alleges one or more
				violations of the Child Care Act or licensing standards involving a licensed
				child care program or facility, the supervising agency shall assign a licensing
				representative to investigate the allegations.
b) The licensing representative shall begin a
				licensing complaint investigation within 2 business days after receipt of the
				complaint by the supervising agency licensing unit and shall complete the
				investigation within 30 days after receipt of the complaint. However, upon
				written notice to the licensee, the investigation may be extended for an
				additional 30 days.
c) The
				licensing representative shall:
1) interview
				the complainant, if known, and other persons who may have information relevant
				to the complaint.When failure of staff to report suspected abuse or neglect to
				a child is alleged or suspected, the licensing representative shall ensure that
				the child care facility takes immediate action with the individual staff
				involved and document the facility's actions. Immediate action may include, but
				is not limited to, requiring supervised access to children, re-assignment of
				staff, or additional staff education and/or training;
2) obtain and review any relevant
				documentation;
3) make one or more
				unannounced visits to the program or facility, during the hours of operation,
				to gather information and evidence relevant to the complaint, and to determine
				whether the program or facility is operating in accordance with the Child Care
				Act and licensing standards.When evidence supports one or more staff failed to
				report suspected abuse or neglect to a child within the child care facility,
				the licensing representative shall document those findings and make a
				determination whether the failure to report suspected abuse and neglect was a
				single incident or part of a larger incident involving additional staff members
				who failed to report, or whether the failure to report suspected abuse and
				neglect is a system-wide problem within the child care facility or child
				welfare agency; and
4) complete and
				document the licensing complaint investigation on forms prescribed by the
				Department. [
				225 ILCS
				10/8.5 ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.40 - Re-examination of a Foster Family Home After an Indicated Child Abuse or Neglect Report

Current through Register Vol. 48, No. 28, July 12, 2024
a)
When
				a foster family home is the subject of an indicated report under the
				Abused
and Neglected Child Reporting Act
[ 325 ILCS 5
				]
, the
Department
must
immediately
				conduct a re-examination of the foster family home to evaluate whether it
				continues to meet the minimum standards for licensure. The re-examination is
				separate and apart from the formal investigation of the report. The Department
				must establish a schedule for re-examination of the foster family home
				mentioned in the report at least once a year.
[
				225 ILCS
				10/4.3 ]
b) The supervising agency shall conduct an
				immediate re-examination of a licensed foster family home when:
1) a child in substitute care or who resides
				in the home is the subject of an indicated report of child abuse or neglect and
				the licensee or another household member was identified as a perpetrator;
				or
2) the licensee or any household
				member is identified as a perpetrator of an indicated report of abuse or
				neglect of any child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.45 - Protective Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) A written
				protective plan shall be developed by the licensing representative and/or child
				protection investigator, and approved by the licensing and/or child protection
				supervisor, that restricts contact between the licensee or permit holder, a
				household member, volunteer or employee of the program or facility and children
				cared for in the program or facility when:
1)
				a pending formal child protection investigation names the individual as an
				alleged perpetrator;
2) when a
				complaint is investigated and/or monitoring visit occurs, the licensing
				representative shall document any substantiated violation that requires a
				protective plan to restrict contact between the children in care and the
				alleged perpetrator to assure the health, safety and best interests of the
				children while the licensee is provided an opportunity to correct the
				substantiated violation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.50 - Corrective Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) A corrective
				plan is required when a substantiated violation occurs and the substantiated
				violation can reasonably be expected to be corrected within 90 days. A
				corrective plan may be reviewed and extended in 30 day increments for good
				cause when approved by a licensing supervisor. When a violation is
				substantiated for the failure of one or more staff at child care facilities or
				child welfare agencies to report suspected abuse or neglect, the corrective
				plan shall include the use of supervisory teams to review staff and facility
				understanding of their reporting requirements. [
				225 ILCS
				10/8.5 ]
b) A corrective plan shall not be required
				when the supervising agency makes a determination that the substantiated
				violations cannot be corrected and documents why they cannot be
				corrected.
c) A corrective plan is
				not required when the Department is issuing an administrative order of
				closure.
d) Failure by the licensee
				or permit holder to submit or comply with a corrective plan may result in
				further enforcement action.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.55 - Supervisory Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				supervisory review shall be offered upon request of the licensee or holder of a
				permit when there is a question related to the rationale for substantiating a
				violation and/or for any subsequent action related to the substantiated
				violation.
b)A supervisory review
				shall occur at the earliest date all required parties can participate, but no
				more than 30 days from the date the request was received.
c) A supervisory review shall not be
				conducted to review a criminal conviction that constitutes a bar to licensure
				pursuant to Section 4.2(b) of the Child Care Act.
d) A supervisory review shall not be offered
				when the Department is in the process of issuing or has issued an
				administrative order of closure.
e)
				The licensing supervisor shall consider all information received to make a
				determination to uphold a substantiated violation, modify plans to correct the
				substantiated violation, or overturn a violation as unsubstantiated, after the
				supervisory review has occurred. The determination will be based on the
				following criteria:
1) whether the licensing
				representative obtained or documented sufficient evidence to substantiate the
				violation;
2) whether the licensing
				representative correctly interpreted and/or applied the Child Care Act or
				licensing standards in substantiating the violation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.60 - Informal Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Informal
				reviews shall be offered to a licensee or holder of a permit who has a
				substantiated violation and the supervising agency's licensing administrator or
				manager has made a determination that reasonable efforts to correct the
				substantiated violation have been made and are documented by the licensing
				representative and supervisor without evidence of significant progress in
				correcting or maintaining corrections.
b)Licensees and permit holders shall be
				notified via certified mail of the right to request an informal review when the
				supervising agency has documented reasonable efforts to correct the
				substantiated violations, with no significant gains, and has determined further
				action at the supervisory level would not result in the required
				corrections.
c) An informal review
				shall only be conducted by a designated Department licensing administrator. A
				non-Department supervising agency shall refer all requests for informal reviews
				to the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.65 - Participants in an Informal Review

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be invited to participate in the informal
				  review:
a) The designated Department
				licensing administrator shall conduct the informal review;
b) The following shall participate in any
				informal review:
1)The Department and/or
				private agency licensing representative;
2)The licensing supervisor; and
3)The licensee or permit holder and/or the
				licensee's or permit holder's attorney or authorized representative.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.70 - Outcomes of the Informal Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				designated Department licensing administrator who conducted the informal review
				shall review all information and documentation presented and make one or more
				of the following findings:
1) the licensee or
				permit holder has not cooperated with the licensing unit in correcting
				conditions, or has otherwise not complied with the provisions of the corrective
				or protective plan;
2) the licensee
				or permit holder did not correct all substantiated violations, but factors
				beyond the control of the licensee or permit holder significantly contributed
				to the failure to do so and the Department is satisfied that the facility and
				responsible persons are currently acting in good faith and are committed to
				being in full compliance through a modified corrective or protective plan in
				order to meet licensing standards;
3) the licensee or permit holder had
				cooperated with the licensing unit, but had not previously been offered a
				corrective or protective plan and it is appropriate to offer one;
				and/or
4) a recommendation to
				initiate further enforcement action; and
5)a recommendation to dismiss enforcement
				actions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.75 - Grounds to Revoke, Refuse to Renew, or Refuse to Issue Full License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				may initiate proceedings to revoke a license, to refuse to renew a license, or
				to refuse to issue full license to the holder of a permit in accordance with
				Sections 8 and
				8.1 of the Child Care
				Act when grounds exist. (See Appendix A.)
b) The Department shall initiate proceedings
				to revoke a license within 10 working days after issuing an administrative
				order of closure.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.80 - Conditional License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Department may issue a conditional license to any child care
				facility that
currently is licensed under the Act. The
				conditional license shall be a nonrenewable license for a period of 6 months
				and the Department shall revoke any other license held by the conditionally
				licensed facility. Conditional licenses shall only be granted to facilities
				where no threat to the health, safety, morals or welfare of the children served
				exists. A complete listing of deficiencies and a corrective plan approved by
				the Department shall be in existence at the time a conditional license is
				issued. Failure by the facility to correct the deficiencies or meet all
				licensing standards at the end of the conditional license period shall result
				in immediate revocation of, or refusal to renew, the facility's license as
				provided in Section
				8.1 of the
				Act.
[ 225 ILCS 10/8.2 ]
b) The Department shall conduct an informal
				review to determine if the offer of a conditional license would be justifiable.
				At the time the conditional license is issued, the licensee shall surrender the
				current license to the Department in exchange for the Conditional License
				Agreement. A conditional license agreement shall be issued, concurrent with the
				licensee's revocation, refuse to renew or surrender of the license, with cause,
				to the Department.
c) A conditional
				license shall be valid for six months and is not renewable or
				extendable.
d) The licensee shall
				be in full compliance with the terms of the conditional license agreement by
				the end of the fifth month of the conditional license and shall remain in full
				compliance until the date of expiration of the conditional license.
e) The licensee shall submit a complete
				initial application for licensure before the end of the third month of the
				conditional license in order for the application to be considered timely and
				sufficient.
f) Failure by the
				licensee to comply with the conditional license agreement may result in the
				issuance of an administrative order of closure or denial of a new
				license.
g) When a licensee does
				not submit a timely and sufficient application pursuant to subsection (e), or
				if a new license was denied, the Department shall not accept an application for
				another new license from the licensee until at least one year has elapsed from
				the expiration date of the conditional license.
h) The Department shall not issue a
				conditional license to the holder of a permit.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.85 - Notice of Intent to Revoke, Refuse to Renew, or Refuse to Issue Full License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall provide written notice to a licensee or permit holder regarding the
				intent to revoke the licensee's or permitholder's license, to refuse to renew
				the license, or to refuse to issue a full license to a permit holder. The
				notice shall be hand delivered with a certificate of delivery or sent by
				certified mail, return receipt requested, to the licensee or permit
				holder.
b) The notice shall
				include:
1) a concise and direct statement of
				factors that are the basis for the Department's action;
2) the right of the licensee or permit holder
				to request an administrative hearing; and
3) the statement that a written request for
				an administrative hearing be submitted to and received by the Administrative
				Hearings Unit within 10 days from the postmark date of the notice. The request
				for administrative hearing must be hand-delivered, mailed or faxed to:
DCFS Administrative Hearings Unit
406 East Monroe, Station 15
Springfield, Illinois 62701
Fax: 217/557-4652.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.90 - Surrender of a License or Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A licensee or permit holder may voluntarily surrender a license or permit to
				the Department or supervising agency.
b) A licensee may surrender his or her foster
				home, day care home, group day care home, or day care center license by so
				stating, orally or in writing, to the licensing representative or supervising
				agency. The supervising agency will document oral requests from licensees to
				surrender their license. The supervising agency shall make and document
				attempts to secure the surrender in writing. When licensees refuse to or
				otherwise avoid providing a written statement of their desire to surrender
				their license, the documented oral request shall be sufficient to accept
				surrender of the license, unless the licensee rescinds his or her request to
				surrender the license either orally or in writing.
c) A surrender for a licensed program or
				facility other than a licensed foster home, day care home, group day care home,
				or day care center facility shall be executed on a form prescribed by the
				Department. The licensee shall verify, in writing, whether:
1) the Department is investigating the
				licensee, the permit holder or the owners, operators or employees of the
				facility for any licensing complaint or report of suspected abuse or neglect
				involving the facility or actions while discharging duties at the
				facility;
2) litigation is pending
				between the licensee or permit holder, the facility and the Department;
				or
3) the licensee suspects that
				the facility or facilities supervised by it are under investigation by any
				agency of any state, their respective inspectors general, or any local, State
				or federal law enforcement agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.95 - Acquiring a New License After Surrender With Cause

Current through Register Vol. 48, No. 28, July 12, 2024
When the licensing record reflects that a license or permit
				  was surrendered "with cause", the Department shall not accept an application
				  for a new license from the licensee or permit holder until at least one year
				  has elapsed from the date of the surrender.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.100 - Investigations of Complaints Concerning Unlicensed Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Whenever
				the Department is advised, or has reason to believe, that any person, group of
				persons or corporation is operating a child welfare agency or a child care
				facility without a license or permit, it shall make an investigation to
				ascertain the fact. If the Department is denied access, it shall request
				intervention of local, county or State law enforcement agencies to seek an
				appropriate court order or warrant to examine the premises.
[
				225 ILCS
				10/11 ]
b)
				The licensing representative shall begin a licensing complaint investigation
				within 2 business days after receipt of the complaint by the Department's
				licensing unit and shall complete the investigation within 30 days after
				receipt of the complaint. However, upon written notice to the licensee, the
				investigation may be extended for an additional 30 days.
c) The licensing representative shall:
1) interview the person making the complaint,
				if known, and other persons who may have direct information relevant to the
				complaint;
2) obtain and review any
				relevant documentation;
3) make one
				or more unannounced visits to the program or facility, during the hours of
				operation, to gather information and evidence relevant to the complaint, and to
				determine whether the program or facility is being or has operated without a
				valid permit or license, or is exempt from licensure under the Child Care Act;
				and
4) complete and document the
				licensing complaint investigation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.105 - Administrative Order of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever the Department expressly finds that the continued operation of a child
				care facility, including such facilities defined in Section 2.10 of the Child
				Care Act and unlicensed facilities, jeopardizes the health, safety, morals, or
				welfare of children served by the facility, the Department shall issue an order
				of closure directing that the operation of the facility terminate immediately,
				and, if applicable, shall initiate revocation proceedings under Section 9 of
				the Child Care Act within 10 working days. A facility closed under this Section
				may not operate during the pendency of any proceeding for the judicial review
				of the decision of the Department to issue an order of closure or to revoke or
				refuse to renew the license, except under court order. [225 ILCS
				10/11.2 ]
b) All administrative orders of closure shall
				be issued in writing by the Director.
c) An administrative order of closure shall
				be hand-delivered to the licensee or permit holder.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart B - ENFORCEMENT › Section 383.110 - Appeal After Issuance of an Administrative Order of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				Department has issued a notice of intent to revoke, refuse to renew or refuse
				to issue a full license following an administrative order of closure, the
				licensee or permit holder may request that a hearing be scheduled within 21
				days. The request shall be directed to the Department's Administrative Hearings
				Unit and shall specifically state that the Department has served an
				administrative order of closure on the program or facility and has served the
				requisite notice of intent on the licensee, and that a hearing date within 21
				days is requested.
b) Upon receipt
				of the request for a hearing, the Chief Administrative Law Judge shall verify
				with the Regional Licensing Administrator that an administrative order of
				closure and notice of intent were served. Upon verification, a hearing date
				shall be scheduled within 21 days after the date the appellant's written
				request for administrative hearing was received.
c) The Administrative Law Judge shall present
				a written opinion and recommendation to the Director within 21 days after the
				record of the administrative hearing is completed. Upon agreement of the
				parties, the time frame for completion of the written opinion and
				recommendation may be extended.
d)
				The Director shall issue a final administrative decision within 7 days after
				receipt of the Administrative Law Judge's recommended decision.
e) All other requirements in Subpart C of
				this Part not in conflict with the provisions in this Section shall apply to
				hearings after issuance of an administrative order of closure.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.115 - Who May Request an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensee or permit holder has the right
				to request an administrative hearing to review an enforcement action listed in
				Section
				383.120
				of this Part, personally or by:
1) an
				authorized representative, including an attorney, authorized in writing by a
				party to assist in the administrative hearing process; or
2) an individual legally authorized to act on
				behalf of the licensee or permit holder when the licensee or permit holder is
				incompetent, incapacitated, or otherwise unable to speak for him/herself. A
				certified copy of the court order authorizing the individual to act on behalf
				of the licensee or permit holder must be provided.