Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 383.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Administrative hearing" means a formal review of a decision
				  by the Department to revoke or refuse to renew a license, or to refuse to issue
				  a full license to the holder of a permit.
"Administrative order of closure" means a document issued by
				  the Department that orders the immediate closure of a child care program or
				  facility subject to licensure under the Child Care Act, whether the program or
				  facility is licensed or unlicensed.
"Administrative Law Judge" means a licensed attorney who is
				  assigned by the Director and is responsible to conduct administrative hearings
				  and issue recommended decisions to the Director.
"Appellant" means the person or entity who requests an
				  administrative hearing or on whose behalf an administrative hearing is
				  requested.
"Authorized representative" means an attorney, or other
				  person who has written authorization from the appellant, to assist, act and/or
				  speak on the appellant's behalf in the informal review or administrative
				  hearing process. The, Department shall assist the appellant in making written
				  authorization, upon request.
"Chief Administrative Law Judge" means the supervisor of the
				  Administrative Law Judges and coordinator for the administrative hearing
				  process.
"Child" means any person under 18 years of age. For
				  purposes of admission to and residence in child care institutions, group homes
				  and maternity centers, the term also means any person under 21 years of age who
				  is referred by a parent or guardian, including an agency having legal
				  responsibility for the person pursuant to the Juvenile Court Act of
				  1987.
[
				  225 ILCS 10/2.01 ]
"Child Care Act of 1969" or "Child Care Act" means 225 ILCS
				  10, the Illinois statute that provides the Department with the authorization
				  and outline of requirements needed to license and monitor child care facilities
				  and authorization to promulgate administrative rules consistent with the
				  Act.
"Child care facility" means any person, group of
				  persons, agency, association, organization, corporation, institution, center,
				  or group, whether established for gain or otherwise, who or which receives or
				  arranges for care or placement of one or more children, unrelated to the
				  operator of the facility, apart from the parents, with or without the transfer
				  of the right of custody in any facility defined in
the Child Care
				  Act
, established and maintained for the care of children. "Child care
				  facility" includes a relative who is licensed as a foster family home under
				  Section 4 of
the Child Care Act. [
				  225 ILCS
				  10/2.05 ]
"Complaint" means any oral or written statement, notice or
				  report made by any person or entity to Department staff or staff of a private
				  supervising agency alleging that a licensed facility is in violation of the
				  Child Care Act or licensing standards, or that an unlicensed child care
				  facility is operating under conditions that require it to be licensed under the
				  Child Care Act or administrative rules of the Department.
"Concurrent Investigation" means an allegation of
				  abuse/neglect has been reported to have occurred within a licensed child care
				  facility and the allegation has been accepted for investigation by the
				  Department as a child protection report.
"Conditional license" means a non-renewable document issued
				  by the Department after an informal review that authorizes a licensee to
				  continue operating a licensed child care facility for a period of six months in
				  compliance with a corrective plan, the Child Care Act and licensing standards,
				  and requires the licensee to comply fully with all terms of the conditional
				  license agreement.
"Corrective plan" means a written document approved by a
				  licensing supervisor that lists substantiated violations of licensing standards
				  and/or the Child Care Act, the actions to be taken by the licensee or permit
				  holder to correct the substantiated violations, and the time frames for
				  correcting the substantiated violations.
"Day" means a calendar day, unless otherwise specified in
				  this Part.
"Department" means the Illinois Department of
				  Children and Family Services.
[
				  225 ILCS
				  10/2.02 ]
"Department representative" means an attorney licensed to
				  practice in the State of Illinois who is assigned to represent the Department
				  at an administrative hearing.
"Director" means the Director of the Department of Children
				  and Family Services.
"Final administrative decision" means the Department's final
				  decision, order or determination, rendered by the Director in a particular
				  case, on an issue reviewed through an administrative hearing that affects the
				  legal rights, duties or privileges of participants and that may be further
				  reviewed by the circuit court under the Administrative Review Law [ 735 ILCS 5
				  /Art. III].
"Full license" means a document issued by the Department that
				  authorizes the applicant to operate a child care program or facility for either
				  a 3 or 4 year time period in accordance with licensing standards and the Child
				  Care Act. The term "full license" does not include a permit or a conditional
				  license.
"Good Cause" denotes a sensible and reasoned approach to take
				  certain action allowed by statute or administrative rule.
"Indicated report" means any report of child abuse or neglect
				  made to the Department pursuant to the Abused and Neglected Child Reporting Act
				  [ 325 ILCS 5 ] for which it is determined, after an investigation, that
				  credible evidence of the alleged abuse or neglect exists.
"Informal review" means a meeting conducted by the licensing
				  administrator or designee to gather information regarding a permit holder's or
				  licensee's noncompliance with the Child Care Act and licensing standards to
				  determine whether further enforcement or other action shall be
				  recommended.
"Initial application for license" means the first application
				  for licensure submitted by the individual, corporation, or other legal entity,
				  or an application for licensure submitted by the holder of a conditional
				  licensee.
"License" means a document issued by the Department that
				  authorizes the applicant to establish or operate a child care program or
				  facility in accordance with applicable licensing standards and the Child Care
				  Act.
"Licensee" means an individual, agency or organization that
				  holds a license issued by the Department.
"Licensing administrator" means management-level staff of the
				  Department who are assigned the direct supervision of licensing
				  supervisors.
"Licensing complaint investigation" means an information
				  gathering and assessment process initiated following receipt of a complaint and
				  conducted by a licensing representative in order to determine compliance with
				  the Child Care Act and licensing standards.
"Licensing representative" means Department or licensed child
				  welfare agency staff, who, in accordance with Section 5(c) of the Child Care
				  Act, have passed an examination demonstrating familiarity with the Child Care
				  Act and with the appropriate standards and regulations of the Department and
				  who are authorized by the Department or agency to examine child care programs
				  and facilities applying for or issued a license.
"Licensing standards" means the administrative rules
				  promulgated by the Department governing the licensing and operation of child
				  care facilities.
"Licensing study" means the written assessment of an
				  application for a child care program or facility license that includes, but is
				  not limited to, on-site visits, interviews, background checks, character
				  references, medical clearances, and the collection and review of other
				  supporting documents to determine compliance with the Child Care Act and
				  licensing standards.
"Licensing supervisor" means Department or licensed child
				  welfare (see 89 Ill. Adm. Code
				  401.310
				  ) or day care (see 89 Ill. Adm. Code
				  405.10 ) agency
				  staff assigned the responsibility for direct supervision of licensing
				  representatives.
"Monitoring visit" means an on-site visit to the program or
				  facility by the licensing representative to determine continuing compliance
				  with the Child Care Act and licensing standards.
"Parties" means the Department and a person or persons who
				  have requested an administrative hearing. No person may join in an
				  administrative hearing as a party unless that person has standing to request an
				  administrative hearing on the same issues before the Administrative Law
				  Judge.
"Permit" means a one-time only document issued by the
				  Department in accordance with applicable licensing standards.
"Permit holder" means an individual, agency or organization
				  that holds a permit issued by the Department.
"Permit period" means the time period designated in the
				  licensing standards for a particular facility type during which an individual,
				  agency or organization may operate a child care program or facility pursuant to
				  a permit issued by the Department.
"Perpetrator" means a person who, as a result of a child
				  protection investigation, has been determined by the Department to have caused
				  child abuse or neglect.
"Preponderance of the evidence" means the greater weight of
				  the evidence or evidence that renders a fact more likely than not.
"Program", as used in this Part, means a Youth Transitional
				  Housing Program operating in a licensed child care facility in accordance with
				  applicable standards defined in 89 Ill. Adm. Code 409 (Licensing Standards for
				  Youth Transitional Housing Programs) and the Children and Family Services Act [
				  20 ILCS 505 ], or in an unlicensed facility where the transitional living
				  facility meets the requirements of 89 Ill. Adm. Code 409.
"Protective plan" means a written plan of action developed by
				  a licensing representative or a child protective service worker, and approved
				  by the licensing supervisor, that restricts contact between a licensee,
				  employee, volunteer, household member, or another person in contact with
				  children in a licensed facility and the children cared for in the
				  facility.
"Refuse to issue full license" means the Department has
				  refused to issue a full license at the end of a permit period.
"Refuse to renew a license" means that, after submission of a
				  license renewal application and a licensing study based upon that application,
				  the Department refuses to extend the license for an additional term.
"Regional Licensing Administrator" means the Department's
				  regional-level manager who supervises Department licensing supervisors.
"Request for an administrative hearing" means the written
				  request by an appellant for an administrative hearing.
"Revocation of a license" means the Department has terminated
				  the rights and privileges associated with a license or a permit.
"Stand-Alone Complaint" means an alleged violation of the
				  licensing standards has been accepted for investigation, with no child
				  protection investigation related to the licensed facility.
"Stipulation" means an agreement by the parties that certain
				  facts are true and can be introduced into evidence without further
				  proof.
"Substantiated violation" means evidence collected clearly
				  shows the licensee was out of compliance with a specific Section of the
				  administrative rule or statute.
"Supervising agency" means the Department, licensed child
				  welfare agency or licensed day care agency that recommended licensure of or
				  supervises a licensed foster home or day care home.
"Supervisory review" means a meeting conducted by the
				  licensing supervisor, that may also include the licensing representative,
				  during which a licensee or permit holder may be heard and present additional
				  information and/or provide an explanation related to the substantiated
				  violations of the rule and/or Child Care Act.
"Surrender of a license or permit" means a voluntary act by a
				  licensee or permit holder to relinquish a license or permit to operate a child
				  care program or facility. Surrender of a license or permit relinquishes all
				  rights and privileges associated with the license or permit.
"Surrender with cause" means a surrender of a license or
				  permit that occurs after the Department has offered an informal review or
				  issued an administrative order of closure, but before the Department has issued
				  a notice of intent to revoke, refuse to renew, or refuse to issue a full
				  license.
"Unlicensed child care facility" means a child care program
				  or facility subject to licensure under the Child Care Act that is operating
				  without a valid license or permit.