Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 408 - LICENSING STANDARDS FOR GROUP DAY CARE HOMES › Appendix E - Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Group Day Care Home

Current through Register Vol. 48, No. 28, July 12, 2024
A. The Department makes
				the presumption that an individual who has been determined to be a perpetrator
				of child abuse or neglect involving the allegations listed below, as defined in
				Appendix B, Child Abuse and Neglect Allegations of 89 Ill. Adm. Code 300,
				Reports of Child Abuse and Neglect is not suitable for work that involves
				contact with children.
Death
Head injury, brain damage, skull fracture or hematoma
Internal injuries
Wounds (gunshot, knife, or
				puncture)
Torture
Sexually
				transmitted diseases
Sexual penetration
Sexual molestation
Sexual
				exploitation
Failure to thrive
Malnutrition
Medical neglect of disabled
				infant
A single indicated report of child abuse or
				neglect that resulted in serious injury to the child, regardless of the
				allegations involved
More than one indicated report
				involving any of the following allegations, regardless of severity:
Burns or scalding
Poison or noxious
				substances
Bone fractures
Cuts, bruises, welts, abrasions and injuries
Human
				bites
Sprains or dislocations
Tying or close confinement
Substance misuse
Mental and emotional impairment
Substantial risk of physical injury
Inadequate
				supervision
Abandonment or desertion
Medical neglect
Lock-out
Inadequate food
Inadequate
				shelter
Inadequate clothing
Environmental neglect
If the licensees/license
				applicants believes there are unusual circumstances that should be considered
				that mitigate the presumption of unsuitability, the licensees/license
				applicants may request a waiver of the presumption of unsuitability. Materials
				to be considered are to be submitted to the licensing entity.
B.
				Criminal Convictions Which Prevent Licensure or Employment
If any person subject to background checks has been included
				in the Statewide Child Sex Offender Database 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 relationship to any of the criminal offenses
				specified below, this conviction will serve as a bar to receiving a license or
				permit to operate as a child care facility and from obtaining employment or
				continuing in employment in a licensed child care facility that allows access
				to children as part of the duties.
The offenses that
				serve as a bar to licensure, residence in a family home in which a child care
				facility operates, or employment that allows access to children in any child
				care facilities subject to licensing include:
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 misconduct
Presence
				within school zone by child sex offenders
Approaching,
				contacting, residing, or communicating with a child within a public park zone
				by child sex offenders
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 publications to
				distributors
Posting of identifying information on a
				pornographic Internet site
BODILY HARM
Heinous battery
Aggravated battery
				with a firearm
Aggravated battery of a child
Tampering with food, drugs, or cosmetics
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
Drug
				induced infliction of great bodily harm
Refer to Appendix A of
				Part 385 for a additional convictions that bar licensure of or employment in a
				child care facility.