Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 402 - LICENSING STANDARDS FOR FOSTER FAMILY HOMES › Appendix A - Criminal Convictions That Prevent Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
If the
				foster parent applicants or any adult member of the household has been declared
				a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS
				205 ], 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 relation to any
				of the criminal offenses specified below, this will serve as a bar to receiving
				a foster home license or permit.
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 assault
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 publication to distributors
Posting of
				identifying information on a pornographic Internet site
BODILY HARM
Aggravated battery of a
				child
Tampering with food, drugs, or cosmetics
Drug induced infliction of great bodily harm
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
If the foster parent
				applicants or any adult member of the household has been 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 ], Cannabis
				Control Act [720 ILCS 550 ] or the Illinois Controlled Substances Act [720 ILCS
				570 ], 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
				relation to any of the criminal offenses specified below, this conviction will
				serve as a bar to receiving a foster home license or permit, unless all of the
				following requirements are met:
1.
The relevant
				criminal offense or offenses occurred more than 10 years prior to the date of
				application or renewal
.
2.
The
				applicant had previously disclosed the conviction or convictions to the
				Department for the purposes of a background check
.
3.
After the disclosure, the Department either placed
				a child in the home or the foster family home license was
				issued
.
4.
During the background
				check, the Department had assessed and waived the conviction in compliance with
				the existing statutes and rules in effect at the time of the
				waiver
.
5.
The applicant meets all
				other requirements and qualifications to be licensed as a foster family home
				under the Child Care Act and the Department's administrative
				rules
.
6.
The applicant has a history
				of providing a safe, stable home environment and appears able to continue to
				provide a safe, stable home environment
. (Section 4.2 of the Child
				Care Act)
OFFENSES DIRECTED AGAINST THE PERSON
KIDNAPPING AND RELATED OFFENSES
Unlawful restraint
BODILY HARM
Felony aggravated assault
Vehicular
				endangerment
Felony domestic battery
Aggravated battery
Heinous
				battery
Aggravated battery with a firearm
Aggravated battery of an unborn child
Aggravated battery of a senior citizen
Intimidation
Compelling organization
				membership of persons
Abuse and gross neglect of a long
				term care facility resident
Felony violation of an
				order of protection
OFFENSES DIRECTED AGAINST
				PROPERTY
Felony theft
Robbery
Armed robbery
Aggravated robbery
Vehicular
				hijacking
Aggravated vehicular hijacking
Burglary
Possession of burglary
				tools
Residential burglary
Criminal fortification of a residence or building
Arson
Aggravated arson
Possession of explosive or explosive incendiary devices
OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
Felony unlawful use of weapons
Aggravated discharge of a firearm
Reckless
				discharge of a firearm
Unlawful use of metal piercing
				bullets
Unlawful sale or delivery of firearms on the
				premises of any school
Disarming a police
				officer
Obstructing justice
Concealing or aiding a fugitive
Armed
				violence
Felony contributing to the criminal
				delinquency of a juvenile
DRUG OFFENSES
Possession of more than thirty grams of cannabis
Manufacture of more than 10 grams of cannabis
Cannabis trafficking
Delivery of
				cannabis on school grounds
Unauthorized production of
				more than five cannabis sativae plants
Calculated
				criminal cannabis conspiracy
Unauthorized manufacture
				or delivery of controlled substances
Controlled
				substance trafficking
Manufacture, distribution,
				advertisement of look-alike substances
Calculated
				criminal drug conspiracy
Street gang criminal drug
				conspiracy
Permitting unlawful use of a building
Delivery of controlled, counterfeit or look-alike substances
				to persons under age 18, or at truck stops, rest stops, safety rest areas, or
				on school property
Using, engaging, or employing
				persons under 18 to deliver controlled, counterfeit or look-alike
				substances
Delivery of controlled substances
Sale or delivery of drug paraphernalia
Felony possession, sale or exchange of instruments adapted for use
				of controlled substance or cannabis by subcutaneous injection
Final approval for licensure shall not be granted if the record
				check reveals a felony conviction for child abuse or neglect, for spousal
				abuse, for a crime against children, or for a crime involving violence,
				including rape, sexual assault or homicide, but not including other physical
				assault or battery or if there is a felony conviction for physical assault,
				battery or a drug-related offense committed within the past 5 years
.
				[20
				ILCS 505/5 (v-1) and (v-2)]