Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 407 - LICENSING STANDARDS FOR DAY CARE CENTERS › Subpart A - INTRODUCTION, DEFINITIONS, AND APPLICABILITY › Section 407.40 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purpose of this Part is to prescribe the minimum standards for licensure as a
				day care center and to describe how to apply for a license. This Part also
				establishes requirements for the daily operation of day care centers that serve
				children. The Child Care Act of 1969 excludes some facilities from the
				requirement to be licensed. These exclusions from the licensing requirement may
				be found in Section 2.09 of the Child Care Act of 1969 [225 ILCS
				10/2.09 ] and are explained in Department rules 89
				Ill. Adm. Code 377, Facilities and Programs Exempt from Licensure.
b) The licensing standards set forth in this
				Part are applicable to day care centers as defined in the Child Care Act of
				1969 that are also known as child care centers.
c) All the standards of this Part apply to
				partially exempt programs as defined in Section
				407.45 unless the
				standard states those programs are exempt.
d) Individuals, corporations, associations
				and groups may write to the Department of Children and Family Services and
				request a declaratory ruling with regard to the applicability of this Part to
				their circumstances when the requestor has requested an interpretation from the
				local licensing authority, but has been unable to obtain such an interpretation
				or is not satisfied with the response obtained.
e) Such requests for declaratory rulings
				shall be addressed to the Department of Children and Family Services, Office of
				Rules and Procedures, 406 E. Monroe Street, Station # 65, Springfield, Illinois
				62701, shall fully outline the facts of their inquiry, shall provide names and
				addresses of any Department staff who have been involved in evaluating the
				applicability of this Part to their circumstances, and shall include a copy of
				any written interpretations or directions received from the local licensing
				authority.
f) The Department may
				provide declaratory rulings upon receipt of the initial request or may ask the
				inquirer to provide additional information within 15 days before a declaratory
				ruling is issued. Failure to provide the additional requested information
				within the 15-day period will terminate the request for a declaratory
				ruling.
g) A declaratory ruling
				regarding the applicability of this Part upon the inquirer will be issued in
				writing within 60 days after receipt of a complete inquiry which fully states
				the question and accurately outlines the facts of the inquiry.
h) A request for a declaratory ruling shall
				not delay the implementation of any licensing enforcement action including but
				not limited to corrective plans, refusal to renew, revocation or other
				enforcement activities.
i)
				Declaratory rulings shall not be appealable. (Section 5-150(a) of the Illinois
				Administrative Procedure Act [5 ILCS
				100/5-150(a) ])
j) The Department shall maintain as a public
				record in its principal office and make available for public inspection and
				copying any such declaratory rulings. The Department shall delete trade secrets
				or other confidential information from the ruling before making it available to
				the public. (See Section 5 of the Freedom of Information Act [5
				ILCS 140/5 ].)