Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 410 - LICENSING STANDARDS FOR YOUTH EMERGENCY SHELTERS › Section 410.20 - 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. In addition, any
				person who is permitted to be alone outside the visual or auditory supervision
				of facility staff with children receiving care in a licensed child care
				facility is subject to the background check requirements of this Part.
"Background check" means:
- a criminal history check via
				fingerprints of persons age 18 and over which are submitted to the Illinois
				State Police and the Federal Bureau of Investigation (FBI) for comparison to
				their criminal history records, as appropriate, or via a LEADS check of persons
				ages 13 through 17; and
- a check of the Child Abuse and Neglect
				Tracking System (CANTS) and other state child protection systems, as
				appropriate, to determine whether an individual is currently alleged or has
				been indicated as a perpetrator of child abuse or neglect; and
- a
				check of the Statewide Child Sex Offender Registry.
"Case
				management services" means services that include the assessment and
				identification of client needs, the identification of available resources to
				meet client needs, the development of an individualized service plan, the
				coordination, monitoring and evaluation of services for each client, and
				advocacy for a client to assure that services and resources are accessible and
				provided.
"Child" means any person under 18 years of age. (Section
				2.01 of the Child Care Act of 1969 [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 Child Care Act of 1969, established
				and maintained for the care of children.(Section 2.05 of the Child Care Act of
				1969)
"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" means the Illinois Department
				of Children and Family Services. (Section 2.02 of the Child Care Act of
				1969)
"Emergency shelter" means a licensed youth emergency shelter
				which provides shelter care services, including overnight shelter, to youth
				from 14 to 18 years of age and their children and which may provide overnight
				shelter to persons up to age 21. An emergency shelter which provides overnight
				shelter to persons under 18 years of age may not shelter persons over age 21
				and their children.
"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 youth" means persons found
				within the State who are under the age of 21, are not in a safe and stable
				living situation and cannot be reunited with their families.
"Initial background check" means the individual has cleared a check of
				the Child Abuse and Neglect Tracking System and the Statewide Child Sex
				Offender Registry.
"License" means a document issued by the
				Department which authorizes child care facilities to operate in accordance with
				applicable standards and the provisions of the Act.
"License
				applicant", for purposes of background checks, means the operator or persons
				with direct responsibility for daily operation of the facility to be licensed.
				(Section 4.4 of the Child Care Act of 1969)
"Licensee" means those
				individuals, agencies or organizations who hold a license or permit issued by
				the Department.
"Licensing representative" means persons
				authorized by the Department under the Child Care Act of 1969 to examine
				facilities for licensure.
"Permit" means a one-time only document
				issued by the Department for a six-month period to allow the individual(s),
				agency or organization to become eligible for a license.
"Persons
				subject to background checks" means:
- the operator(s) of the
				child care facility; and
- all current and conditional employees
				of the child care facility; and
- any person who is used to
				replace or supplement staff; and
- any person who has access to
				children, as defined in Section
				385.20, Definitions,
				of 89 Ill. Adm. Code 385, Background Checks.
If the child care
				facility operates in a family home, the license applicant(s) and all members of
				the household age 13 and over are subject to background checks, as appropriate,
				even if these members of the household are not usually present in the home
				during the hours the child care facility is in operation.
"Replacement or supplemental staff" means any paid or unpaid individual
				who is used to perform essential staff duties as evidenced by being counted in
				the staff-child ratio or being permitted to be alone with children in a
				licensed child care facility outside the visual or auditory supervision of
				facility staff.
"Resident" and "youth" means any person who is a
				resident in the shelter care services component of an emergency shelter for
				homeless youth.
"Shelter care services" means the provision of or
				referral for services as required by these rules, and the provision of
				overnight sleeping facilities, 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.
"Youth Emergency Shelter" means a child care facility licensed by the
				Department to provide shelter care services, including overnight shelter, and
				referral for other shelter care services, to homeless youth from 14 to 18 years
				of age and their children in accordance with the requirements of the Act, as
				amended, and the requirements of 89 Ill. Adm. Code 410, Licensing Standards for
				Youth Emergency Shelters.