Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 409 - LICENSING STANDARDS FOR YOUTH TRANSITIONAL HOUSING PROGRAMS › Section 409.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Access to children" means an employee's job
				duties require that the employee be present in a licensed child care facility
				during the hours that children are present in the facility.
"Background check" means:
A criminal history check via
				fingerprints of staff/volunteers age 18 and over that are submitted to the
				Illinois State Police and the Federal Bureau of Investigation (FBI) for
				comparison to their criminal history records, as appropriate; and
A check of the Statewide Automated Child Welfare Information System
				(SACWIS) and other State child protection systems, as appropriate, to determine
				whether an individual is currently alleged or has been indicted as a
				perpetrator of child abuse or neglect; and
A check of the Illinois
				Sex Offender Registry.
"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 the 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
				Child Care Act of 1969, established and maintained for the care of children.
				[225 ILCS
				10/2.05 ]
"Conditional employee" means an
				individual (including any substitute or assistant) who has applied for and been
				conditionally selected to perform child care functions or administrative,
				professional, or support functions that allow access to children, as defined in
				this Section, and who has commenced such duties while awaiting the results of
				the background check required by this Part.
"Department" or "DCFS"
				means the Illinois Department of Children and Family Services. [225 ILCS
				10/2.02 ]
"Employee" means any staff
				person employed by a child care facility, and includes any substitute or
				assistant. This definition includes administrative, professional and other
				support staff who have access to children.
"Homeless minor" or
				"homeless youth" means a person at least 16 years of age but less than 18 years
				of age who lacks a regular, fixed and adequate place to live and who desires to
				participate in a youth transitional housing program. The term includes, but is
				not limited to, a minor who is sharing the dwelling of another or living in a
				temporary shelter or who is unable or unwilling to return to the residence of a
				parent. The term does not include a minor in the custody or under the
				guardianship of the Department of Children and Family Services for the purpose
				of obtaining emancipation as a homeless minor. [750 ILCS
				30/3-2.5]
"Initial background check"
				means the individual has cleared a check of the Statewide Automated Child
				Welfare Information System (SACWIS) and the Illinois Sex Offender
				Registry.
"License" means a document issued by the Department that
				authorizes a child care facility to operate in accordance with applicable
				standards and the provisions of the Child Care Act of 1969 or a Youth
				Transitional Housing Program in accordance with the Children and Family
				Services Act [20 ILCS
				505/4b ].
"Licensee" means those
				individuals, agencies or organizations who hold a program license or permit
				issued by the Department.
"Licensing representative" means those
				persons authorized by the Department under the Child Care Act of 1969 to
				examine facilities for licensure.
"Persons subject to background
				checks" means:
The operator of the child care facility;
All current and conditional employees of the child care facility;
Any person who is used to replace or supplement staff;
Any
				staff/volunteer who has access to children, as defined in 89 Ill. Adm. Code
				385.20(Definitions).
In addition, any person who is permitted to be alone outside the visual
				or auditory supervision of facility staff with children or youth receiving care
				in a licensed child care facility is subject to the background check
				requirements of this Part.
"Program license", as used in this
				Part, means a document issued by the Department that authorizes a Youth
				Transitional Housing Program to operate in a licensed child care facility in
				accordance with applicable standards defined in the Children and Family
				Services Act [20 ILCS 505 ], or in a unlicensed facility where the transitional
				living facility meets the requirements of this Part.
"Program
				license capacity" means the number of residents, as approved by the Department
				and indicated in the program license, that the transitional living facility can
				physically hold, not including the resident's own children.
"Program permit" means a one-time only document issued by the Department
				for a six-month period to allow the individual, agency or organization to
				become eligible for a program license.
"Replacement or
				supplemental staff" means any paid or unpaid individual who performs essential
				staff duties as evidenced by being counted in the staff-child ratio or by being
				permitted to be alone with children in a licensed child care facility outside
				the visual or auditory supervision of facility staff.
"Resident"
				means any homeless minor and his/her minor children who are sheltered or housed
				in a Youth Transitional Housing Program facility.
"SACWIS" means
				the Statewide Automated Child Welfare Information System operated by the
				Illinois Department of Children and Family Services.
"Transitional
				care services" means the provision of shelter or housing with laundry
				facilities, bathroom facilities (sink, toilet, shower), food and the adult
				supervision of such services when they are in operation and available to the
				recipients of these services, and the provision of services by referral as
				required by this Part.
"Transitional living facility" means the
				physical structure in which the Youth Transitional Housing Program provides
				shelter or housing.
"Youth", as used in this Part, means any
				person at least 16 years of age but less than 18 years of age.
"Youth transitional housing program" or "YTHP" means a licensed program
				that provides shelter or housing, and services to partially emancipated
				homeless minors who are at least 16 but less than 18 years of age for whom the
				Department does not have custody or guardianship (see 20 ILCS 505/4b;
				750 ILCS 30/3-2.10
				).