Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 377 - FACILITIES AND PROGRAMS EXEMPT FROM LICENSURE › Section 377.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accredited" means accredited by the North Central Association
				of Schools and Colleges, its regional counterparts, or the National
				Accreditation Council.
"Child" means any person under 18 years of age [225
				ILCS 10/2.01 ].
"Child care facility" means any person, group of persons,
				agency, association, or organization, 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
				as defined in the Act, established and maintained for the care of children.
				[225 ILCS
				10/2.05 ].
"Church" means "religious institution" as defined in this
				Section.
"Day care center" means any child care facility which regularly
				provides day care for less than 24 hours per day for more than 8 children in a
				family home, or more than 3 children in a facility other than a family home,
				including senior citizen buildings. The term does not include:
* programs operated by public or private elementary school
				systems or secondary level school units or institutions of higher learning that
				serve children who shall have attained the age of 3 years; or
* private entities on the grounds of public or private
				elementary or secondary schools that serve children who have attained the age
				of 3 years, except that this exception applies only to the facility and not to
				the private entities' personnel operating the program;
* programs or that portion of the program which serves children
				who shall have attained the age of 3 years and which are recognized by the
				State Board of Education;
* educational program or programs serving children who shall
				have attained the age of 3 years and which are operated by a school which is
				registered with the State Board of Education and which is recognized or
				accredited by a recognized national or multistate educational organization or
				association which regularly recognizes or accredits schools;
* programs which exclusively serve or that portion of the
				program which serves handicapped children who shall have attained the age of 3
				years but are less than 21 years of age and which are registered and approved
				as meeting standards of the State Board of Education and applicable fire
				marshal standards;
* facilities operated in connection with a shopping center or
				service, religious services or other similar facility where transient children
				are cared for temporarily while parents or custodians of the children are
				occupied on the premises and readily available;
* any type of day care center that is conducted on federal
				government premises;
* special activities programs, including athletics, crafts
				instruction and similar activities conducted on an organized and periodic basis
				by civic, charitable and governmental organizations;
* part day child care facilities, as defined in Section 2.10 of
				Act; or
* programs or that portion of the program which:
* serves children who shall have attained the age of 3
				years,
* is operated by churches or religious institutions as
				described in Section 501(c)(3) of the federal Internal Revenue Code,
* receives no governmental aid,
* is operated as a component of religious, nonprofit elementary
				school,
* operates primarily to provide religious education, and
* meets appropriate State or local health and fire safety
				standards.
For purposes of this Section, "children who shall have attained
				the age of 3 years" shall mean children who are 3 years of age, but less than 4
				years of age, at the time of enrollment in the program. [225 ILCS
				10/2.09 ]
"Department" means the Illinois Department of Children and
				Family Services [225 ILCS 10/2.02 ].
"Elementary school" for purposes of this Part, means an
				educational program or facility which offers classes through the sixth grade
				and which satisfies the compulsory school attendance requirements of the School
				Code [105 ILCS 5 ] and either offers classes for the first through the sixth
				grade or offers classes from the levels of nursery school or kindergarten
				through at least the first grade with a plan to offer classes through the sixth
				grade within five years.
"Fee" means any charge that a parent is required to pay or
				agrees to pay directly or indirectly whether as money, goods, or services, for
				the care of a child.
"License" means a document issued by the Department of Children
				and Family Services which authorizes child care facilities to operate in
				accordance with applicable standards and the provisions of the Child Care Act
				of 1969.
"Parent" or "parents" means persons assuming legal
				responsibility for the care and protection of a child on a 24-hour basis;
				includes guardian or legal custodian.
"Part day child care facility" means a facility conducted by a
				church, religious organization or social service agency in which individual
				children are provided care, on an intermittent basis, for up to10hours per 7
				day week [225 ILCS 10/2.10 ], and which
				has notified the Department of its operation in accordance with Section
				377.4
				of this Part.
"Partially exempt program" means a child care program for
				children who have attained the age of three years and is operated by a private
				entity on grounds of a public or private elementary or secondary school where
				children have been attending school during the day. In a partially exempt
				program, the physical facility is exempt from Department regulations; however,
				the Department regulates the personnel and operating programs.
"Religious institution" or "religious organization," for
				purposes of the Part, means an entity which declared its intent to operate for
				religious purposes in securing its tax exempt status pursuant to
				26 USC
				501(c)(3) of the Internal
				Revenue Code.
"School", for purposes of this Part, means an educational
				program or facility which satisfies the compulsory school attendance
				requirements of the School Code [105 ILCS 5].
"School system" means one or more schools operated by a public
				or private board of education or other central administrative body which
				exercises control over curriculum, staffing, admissions, and other educational
				policies.
"Social service agency", for purposes of this Part, means an
				organization exempt from taxation pursuant to
				26 USC
				501(c)(3) of the Internal
				Revenue Code that provides social services directed toward the accomplishment
				of one or more of the following purposes:
Protecting and promoting the welfare ofchildren,
				includinghomeless, dependent, or neglected children;
Preventing or remedying, or assisting in the solution of
				problems which may result in, the neglect, abuse, exploitation, or delinquency
				of children;
Preventing the unnecessary separation of children from their
				families by identifying family problems, assisting families in resolving their
				problems, and preventing the break-up of the family where the prevention of
				child removal is desirable and possible;
Restoring to their families children who have been removed, by
				the provision of services to the child and the families;
Placing children in suitable adoptive homes, in cases where
				restoration to the biological family is not possible or appropriate;
Assuring adequate care of children away from their homes, in
				cases where the child cannot be returned home or cannot be placed for
				adoption;
Providing supportive services and living maintenance which
				contribute to the physical, emotional and social well-being of children who are
				pregnant and unmarried;
Providing shelter and independent living services for homeless
				youth; and
Placing and maintaining children in facilities that provide
				separate living quarters for children under the age of 18 years of age and
				older, unless a child 18 years of age is in the last year of high school
				education or vocational training, in an approved individual or group treatment
				program, or in a licensed shelter facility. The Department is not required to
				place or maintain children:
who are in a foster home; or
who are developmentally disabled, as defined in the Mental
				Health and Developmental Disabilities Code; or
who are female children who are pregnant, pregnant and
				parenting or parenting; or
who are siblings;
in facilities that provide separate living quarters for
				children 18 years of age and older and for children under 18 years of age
				[20
				ILCS 505/5 ] .