Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 301 - PLACEMENT AND VISITATION SERVICES › Subpart D - FOSTER PARENT/RELATIVE CAREGIVER IDENTIFYING INFORMATION › Appendix A - Criminal Convictions that Prevent Placement of Children with Relatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Children for whom the Department of Children and Family
				  Services is legally responsible shall not be placed with a relative, as defined
				  in this Part, or allowed to remain in the home of a relative if the relative
				  caregiver or any adult member of the household has been convicted of committing
				  any of the following crimes, except as allowed via a waiver process under
				  subsections (b) and (c).
1) 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*
2) Sex Offenses
Child pornography*
Exploitation of a child*
Sexual exploitation of a child*
Obscenity
Harmful materials
Tie in sales of obscene publications to
				  distributors
Indecent solicitation of a child*
Indecent solicitation of an adult
Public indecency
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*
3) Kidnapping and Related Offenses
Kidnapping
Aggravated unlawful restraint
Forcible detention
Aiding and abetting child abduction*
Aggravated kidnapping
Child abduction*
4) Bodily Harm
Aggravated battery of a child*
Criminal sexual assault*
Aggravated criminal sexual assault*
Predatory criminal sexual assault of a
				  child*
Criminal sexual abuse*
Aggravated sexual abuse*
Heinous battery*
Aggravated battery with a firearm
Tampering with food, drugs, or cosmetics
Drug-induced infliction of great bodily
				  harm
Aggravated stalking
Home invasion
Vehicular invasion
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*
Any violation of the Methamphetamine
				  Control and Community Protection Act
[720 ILCS 646 ].
5) An offense in any other state the elements of
				  which are similar and bear a substantial relationship to any of the offenses
				  listed in this subsection (a).
b) If the relative caregiver or any adult member of the
				  household has been convicted of one of the crimes in subsections (a)(1) through
				  (5) marked by an asterisk, any request for a waiver must be submitted in
				  writing to the Director of the Department for his or her personal approval. The
				  supervising agency shall submit the following information along with the
				  request for waiver of the criminal convictions.
1) the age of the individual at the time of the
				  convictions;
2) the length of time that has elapsed since the
				  last conviction;
3) the relationship of the crime and the capacity
				  to care for related children;
4) evidence of rehabilitation; and
5) opinions of community members concerning the
				  individual in question.
c) If the relative caregiver or any adult member of the
				  household has been convicted of one of the crimes identified in subsections
				  (a)(1) through (5) not marked by an asterisk, related children for whom the
				  Department is legally responsible shall not be placed in or continue to remain
				  in the relative caregiver's household unless a waiver of this prior criminal
				  history has been granted in accordance with the requirements of this
				  subsection. The Director of the Department shall designate specific Department
				  employees who have the authority to grant these waivers on a 24 hour per day
				  basis. When the supervising agency believes that there have been extraordinary
				  circumstances surrounding the criminal history or the convicted persons has
				  been successfully rehabilitated and placement in the relative's household is in
				  the best interests of the children, the supervising agency may request a waiver
				  of this prior criminal history by asking the Department to consider the factors
				  in subsection (b). These requests may be made orally, but must be confirmed in
				  writing. The Department's decision with regard to the request for a waiver
				  shall be documented in writing and included in the child's case record.