Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 411 - LICENSING STANDARDS FOR SECURE CHILD CARE FACILITIES › Subpart A - INTRODUCTION, DEFINITIONS, AND APPLICABILITY › Section 411.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"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; 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.
"Child" or "youth" means any person for whom the Department
				  is legally responsible who is 13 years of age or older but is less than 18
				  years of age.
"Clinical evaluation" means a standardized clinical protocol
				  used by an independent examiner to determine whether a child or youth meets the
				  requirements established by the Department for admission to a secure child care
				  facility (see Section
				  411.110(b)
				  ). This protocol shall assess the following items: the child's or youth's
				  presenting problems within the context of his or her current treatment plan;
				  the child's or youth's mental status and psychiatric diagnosis; the child's or
				  youth's risk of harm to self and/or others; and the appropriateness of both
				  less and more restrictive treatment and placements (i.e., non-secure placements
				  and psychiatric care).
"Complaint" means any oral or written report made to or by
				  the Department alleging violation of federal, State, or local laws and rules
				  and regulations related to the licensing or operation of secure child care
				  facilities.
"Contraband" means items that are proscribed by criminal law,
				  facility rules, or posted notices; items that the child or youth has no
				  authorization to possess; or property that is in excess of that authorized by
				  the facility. Contraband shall include, but not be limited to, possession by a
				  child or youth of any of the following:
- Alcohol;
- Cannabis or controlled substances, and paraphernalia for
				  cannabis or controlled substances;
- Weapons, including firearms, knives, broken glass, or
				  similar cutting devices or clubs;
- Flammables, explosives, matches or lighters;
- Ammunition;
- Chemical agents or electric stun guns;
- Tools, keys, chains, or ropes;
- Gum, putty, or caulk;
- Any smoking or tobacco materials in the possession of
				  children or youth; or
- Any other item prescribed by the secure child care facility
				  director due to safety or security reasons.
"Controlled substances" means any substance identified in
				  Section 102 of the Illinois Controlled Substances Act [720 ILCS
				  570/102 ], including cannabis as defined in Section 3
				  of the Cannabis Control Act [720 ILCS 550/3 ].
"DSM-IV" means the Diagnostic and Statistical Manual of
				  Mental Disorders, Fourth Edition (American Psychiatric Association, 1400 K
				  Street N.W., Washington, DC 20005, 1994 Edition).
"Degree of need study" means an annual needs assessment
				  conducted by the Department that is structured to determine the number of
				  children and youth who are in need of placement in secure child care
				  facilities. The needs assessment focuses on the clinical needs of children and
				  youth, as well as the geographic location from which children and youth
				  originate. All decisions concerning the issuance of licenses for secure child
				  care facilities shall be based upon the Department's annual degree of need
				  study.
"Department" means the Illinois Department of Children and
				  Family Services. (Section 2.02 of the Child Care Act of 1969 [225 ILCS
				  10/2.02 ])
"Director" means the Director of the Department of Children
				  and Family Services.
"Disability" means a physical or mental impairment that
				  substantially limits one or more of the major life activities of an individual,
				  a record of such impairment, or being regarded as having such
				  impairment.
"Drug test" means a urinalysis or blood test conducted by a
				  laboratory certified by the Substance Abuse and Mental Health Services
				  Administration, formerly the National Institute on Drug Abuse, to identify the
				  presence of illegal or controlled substances.
"Facility director" means the executive level manager
				  designated by the governing body to be administratively responsible for the
				  secure child care facility and for compliance with all requirements of this
				  Part.
"Finding" means a report of results of an investigation of a
				  complaint or of grounds for revocation or termination by staff authorized by
				  the Director to conduct the investigation (see 20 Ill. Adm. Code
				  801.20 ).
"Gatekeeper" means a Department employee assigned to monitor
				  a specific secure child care facility's admission, treatment, and discharge of
				  children and youth.
"ICD-9-CM" means the International Classification of
				  Diseases, Clinical Modification, Ninth Revision, Fourth Edition (October 1991),
				  published by Med-Index Publications, 5225 Wiley Post Way, Suite 500, Salt Lake
				  City, UT 84116-2889.
"Independent examiner" means a psychiatrist, clinical social
				  worker, or clinical psychologist who does not have a financial (i.e.,
				  employment or contractual) or familial relationship with a licensed secure
				  child care facility, and who has been designated by the Department to perform
				  clinical evaluations to determine whether a child or youth meets the admission
				  requirements established by the Department.
"Insolvent" means the entity's financial condition is such
				  that the sum of its debts is greater than all of its property, at a fair
				  valuation, exclusive of property transferred, concealed, or removed with intent
				  to hinder, delay, or defraud its creditors.
"Investigation" means an information gathering and assessment
				  process initiated and conducted by the Department in order to determine
				  compliance with Department rules and procedures or with federal, State, and
				  local laws.
"License" means a document issued by the Department that
				  authorizes the applicant to establish or operate a secure child care facility
				  in accordance with applicable standards and provisions of the Child Care Act of
				  1969 [225 ILCS 10 ].
"Licensed practitioner of the health arts (LPHA)" (see 59
				  Ill. Adm. Code
				  132.25 ) means a
				  clinical psychologist licensed under the Clinical Psychologist Licensing Act
				  [225 ILCS 15 ], a licensed clinical social worker (LCSW) licensed under the
				  Clinical Social Work and Social Work Practice Act [225 ILCS 20 ] or a clinical
				  professional counselor holding a permanent license pursuant to the Professional
				  Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107
				  ].
"Licensee" means an agency or organization who holds a secure
				  child care facility license or a provisional license issued by the Department
				  of Children and Family Services.
"Licensing representative" means Department staff authorized
				  by the Director to examine facilities applying for or having been issued a
				  secure child care facility license.
"Licensing study", as used in this Part, means the review of
				  an application for secure child care facility license, on-site visits,
				  interviews and the collection and review of supporting documents to determine
				  compliance with the Child Care Act of 1969 [225 ILCS 10], the standards
				  prescribed by this Part, other applicable Department standards, and federal or
				  State laws.
"Medicaid community mental health services program" means
				  assessment, treatment and/or rehabilitative services as defined by 59 Ill. Adm.
				  Code 132 (Medicaid Community Mental Health Services Program) that are provided
				  by or under a subcontract with a certified provider under a contractual
				  agreement with the Department. These services are supported financially in
				  whole or in part by the Department and are also included under the Illinois
				  Medical Assistance Program (89 Ill. Adm. Code 140) for eligible clients.
				  Providers must be certified by the Department or the Department of Human
				  Services and also be enrolled with and be approved by the Department of Public
				  Aid as a Medicaid provider.
"Medical director" means a psychiatrist with at least 2 years
				  of experience treating children and adolescents who is responsible for
				  directing all medical and psychiatric services offered in a secure child care
				  facility.
"Mental health professional (MHP)" means the mental health
				  professional who provides services under the supervision of a qualified mental
				  health professional (QMHP). The mental health professional must possess a
				  bachelor's degree, a practical nurse license pursuant to the Nursing and
				  Advanced Practice Nursing Act [225 ILCS 65 ] or have a minimum of five years
				  clinically supervised experience in mental health or human services.
"Mental illness" means a diagnosis of mental illness as
				  defined in 59 Ill. Adm. Code
				  132.25 (Medicaid
				  Community Mental Health Services Program).
"Minor traffic violation" means any traffic violation that
				  resulted in a fine of $100 or less without any other penalty, such as
				  suspension or revocation of the driver's license, probation, jail sentence, or
				  community service work.
"Physician" means a physician licensed under the Medical
				  Practice Act of 1987 [225 ILCS 60 ].
"Plan" means the facility's written policy, procedures, and
				  practices in a particular area.
"Profiling" means the Department's process of assessing the
				  performance of and categorizing residential providers based on their target
				  population, service mix, staffing patterns and coverage, program design, and
				  physical plant characteristics. Assessment of performance is based on
				  measurable key outcome indicators, such as length of stay, successful and
				  stable step downs, success of treatment outcomes, number of psychiatric
				  hospitalizations, number of unauthorized absences, unplanned discharges, use of
				  restrictive procedures, unusual incident reports, formal complaints and/or
				  grievances, and injuries to children and youth.
"Qualified applicant" means an applicant for a secure child
				  care facility license that has met all of the following prerequisites to
				  seeking a license for a secure child care facility:
- The applicant must be licensed to provide residential care
				  for children and youth in a child care institution licensed pursuant to 89 Ill.
				  Adm. Code 404 (Licensing Standards for Child Care Institutions and Maternity
				  Centers).
- Based upon profiling, the applicant has been determined to
				  have the capability to provide mental health and rehabilitative services in a
				  continuum of care, on the campus where the secure child care facility is
				  located, to children and youth who present the most serious behavioral and
				  emotional symptoms and whose histories manifest placement disruption and
				  patterns of difficult adjustment to substitute care living arrangements. An
				  applicant's qualification will be based upon performance and outcome measures
				  related to such services, as well as a review of their past performance as a
				  licensed child care institution.
- The secure child care facility must be accredited by one or
				  more of the following nationally recognized accrediting organizations:
- Council on Accreditation of Services for Families and
				  Children (COA), 120 Wall Street, 11th Floor, New York, New York 10005.
- Joint Commission on Accreditation of Healthcare
				  Organizations (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois
				  60181.
- The Rehabilitation Accreditation Commission (CARF), 4891
				  East Grant Road, Tucson, Arizona 85712.
- The applicant must be certified and enrolled in good
				  standing as a provider under 59 Ill. Adm. Code 132 (Medicaid Community Mental
				  Health Services Program).
- The applicant has received written notification from the
				  Department of the need for a secure child care facility in the Child and
				  Adolescent Local Area Network or region of the Department where the facility is
				  located. This determination shall be based upon the Department's degree of need
				  study.
"Qualified mental health professional (QMHP)" means one of
				  the following:
- A physician licensed under the Medical Practice Act of 1987
				  [225 ILCS 60] to practice medicine or osteopathy with training in mental health
				  services or one year of clinical experience, under supervision, in treating
				  problems related to mental illness or specialized training (the treatment of
				  children and adolescents);
- A psychiatrist (a physician licensed under the Medical
				  Practice Act of 1987) who has successfully completed a training program in
				  psychiatry approved by the American Medical Association, the American
				  Osteopathic Association, or other training program identified as equivalent by
				  the Department, and 2 years experience treating children and
				  adolescents;
- A psychologist licensed under the Clinical Psychologist
				  Licensing Act [225 ILCS 15] with specialized training in mental health
				  services;
- A social worker possessing a master's or doctoral degree in
				  social work and licensed under the Clinical Social Work and Social Work
				  Practice Act [225 ILCS 20] with specialized training in mental health
				  services;
- A registered nurse licensed pursuant to the Nursing and
				  Advanced Practice Nursing Act [225 ILCS 65] with at least one year of clinical
				  experience in a mental health setting or a master's degree in psychiatric
				  nursing;
- An occupational therapist registered pursuant to the
				  Illinois Occupational Therapy Practice Act [225 ILCS 75 ] with at least one
				  year of clinical experience in a mental health setting;
- An individual with a master's degree and at least one year
				  of clinical experience in mental health services and who holds a license to
				  practice marriage and family therapy pursuant to the Marriage and Family
				  Therapy Licensing Act [225 ILCS 55 ]; or
- An individual possessing a master's or doctoral degree in
				  counseling and guidance, rehabilitation counseling, social work, vocational
				  counseling, psychology, pastoral counseling, family therapy, or related field,
				  who has successfully completed a practicum and/or internship that includes a
				  minimum of 1,000 hours, or who has one year of clinical experience under the
				  supervision of a qualified mental health professional, or who is a licensed
				  social worker holding a master's degree with two years of experience in mental
				  health services, or who is a permanently licensed professional counselor under
				  the Professional Counselor and Clinical Professional Counselor Licensing Act
				  [225 ILCS 107] holding a master's degree with one year of experience in mental
				  health services.
"Secure child care facility" means any child care facility
				  licensed by the Department to provide secure living arrangements for children
				  under 18 years of age who are subject to placement in facilities under the
				  Children and Family Services Act and who are not subject to placement in
				  facilities for whom standards are established by the Department of Corrections
				  under Section 3-15-2 of the Unified Code of Corrections and which comply with
				  the requirements of this Act and applicable rules of the Department and which
				  shall be consistent with requirements established for child residents of mental
				  health facilities under the Juvenile Court Act of 1987 and the Mental Health
				  and Developmental Disabilities Code. "Secure child care facility" also means a
				  facility that is designed and operated so as to ensure that all entrances and
				  exits from the facility, a building, or distinct part of a building are under
				  the exclusive control of the staff of the facility, whether or not the child
				  has the freedom of movement within the perimeter of the facility, building, or
				  distinct part of a building. [225 ILCS 10/2.22 ]
A secure child care facility shall be a fully integrated,
				  self-contained program area of a licensed child care institution that meets all
				  the licensing and program requirements specified in this Part. At a minimum
				  this includes an indoor activity area, classrooms, dining area, nursing
				  station, seclusion room (if applicable), physician's examining room, patient
				  bedrooms, and bathrooms. Staff offices shall be located within or contiguous to
				  the secure child care facility.
"Serious illness or injury" means an illness or injury that
				  requires treatment at an urgent care center or emergency room or that results
				  in a hospital admission of any length of time.
"Substance abuse" means the illegal or unauthorized use of
				  controlled substances or the misuse of over-the-counter medications or other
				  substances.
"Universal Precautions" means an approach to infection
				  control. According to the concept of Universal Precautions, all human blood and
				  certain body fluids are treated as if known to be infectious for HIV, HBV, and
				  other blood-borne pathogens.