reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.120 - What May Be Reviewed Through the Administrative Hearing Process

Current through Register Vol. 48, No. 28, July 12, 2024
The following decisions may be reviewed through the
				  administrative hearing process under this Part:
a) revocation of a license;
b) refuse to renew a license; and
c) refuse to issue a full license to the
				holder of a permit.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.125 - What May Not Be Reviewed Through the Administrative Hearing Process

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Administrative Law Judge shall decide whether an
				  issue is appropriate for the administrative hearing process pursuant to this
				  Part. The following circumstances are not appropriate for the administrative
				  hearing process under this Part:
a)
				the Department has previously made a final administrative decision on the issue
				on appeal;
b) the request for an
				administrative hearing is not related to a decision to revoke a license, refuse
				to renew a license, or refuse to issue a full license to the holder of a
				permit;
c) a court has made a
				judicial decision on the issue sought to be reviewed through the administrative
				hearing process;
d) denial of an
				initial license or a permit;
e) a
				conflict related to the terms and conditions contained in a conditional license
				agreement;
f) a conflict related to
				the terms and conditions contained in a corrective plan or protective
				plan;
g) the licensee or permit
				holder has surrendered the license or permit;
h) denial of a new license upon expiration of
				a conditional license; or
i) the
				issue is reviewable under another administrative rule.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.130 - Rights and Responsibilities to Request an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The appellant
				shall file an appeal within 10 days after the postmark date of the notice of
				intent issued per Section
				383.85.
b) The notice of intent shall include
				instructions regarding what to do to request an administrative
				hearing.
c) The notice of intent
				and appeal rights shall be provided in writing in the appellant's primary
				language.
d) When requested,
				Department staff shall assist the licensee or permit holder in preparing a
				written request for an administrative hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.135 - Notices of Department Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
The following types of notices shall be hand delivered to the
				  licensees, with a certificate of delivery, or sent to the licensees by
				  certified mail, return receipt requested:
a) the Department's notice of intent issued
				per Section
				383.85;
b) notice of an administrative hearing;
				and
c) notice of the final
				administrative decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.140 - The Role of the Chief Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Administrative Law Judge may
				grant a request for an administrative hearing when:
1) the original written request for an
				administrative hearing was received by the Chief Administrative Law Judge
				within 10 days after the postmark of the notice of intent issued per Section
				383.85.
				The date of request for an administrative hearing is the postmark on the
				appellant's request for an administrative hearing; and
2) the issue is within the jurisdiction of
				this Part as set forth in Section
				383.120.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.145 - Rights and Responsibilities in Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appellant may bring a representative,
				including legal counsel, to the hearing. Expenses of a representative or of an
				appellant's witnesses shall be paid by the appellant.
b) An appellant may request the licensing
				representative or other persons who may have information relevant to the issues
				in dispute to attend the hearing by asking the Chief Administrative Law Judge
				to issue appropriate subpoenas. Witness fees and travel expenses for persons
				other than Department or supervising agency employees are the responsibility of
				the party requesting the subpoena.
c) Any motions from the appellant or the
				Department shall be filed with the Administrative Law Judge at least 10
				calendar days before the hearing. Copies shall be sent to the Department's
				representative and the appellant.
d) At the appellant's request, the Department
				shall provide an interpreter at no cost to the appellant if English is not the
				appellant's primary language or a sign interpreter if the appellant is hearing
				impaired.
e) Both the appellant and
				the Department have the right to examine and copy documents and other
				information to be used by either party and to receive a list of witnesses to be
				called by either party at the hearing by requesting them at least 10 calendar
				days before the hearing. The Administrative Law Judge may prohibit the
				introduction of the requested evidence if not provided within the time
				frame.
f) At any time prior to the
				commencement of the administrative hearing, the Department may amend the
				statement of charges to include subsequent acts or omissions in violation of
				the Child Care Act or licensing standards of which the Department has provided
				the appellant notice.
g) At any
				time prior to the entry of a final administrative order, the appellant may
				withdraw the request for an administrative hearing and accept the Department's
				decision to revoke, refuse to renew or refuse to issue a full license, or may
				abandon the right to an administrative hearing by surrendering the
				license.
h) During the
				administrative hearing, the appellant and the Department have the right to:
1) present and question witnesses;
2) present any information relevant to the
				issues;
3) question or disprove any
				information, including an opportunity to question opposing witnesses;
				and
4) dispose of any disputed
				issue by stipulation, agreed settlement, consent order, or default any time
				prior to the conclusion of the administrative hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.150 - The Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Assignment of the Administrative Law Judge
The Chief Administrative Law Judge shall assign an
				  Administrative Law Judge to conduct the administrative hearing. The
				  Administrative Law Judge shall:
1) be
				an attorney licensed to practice law in the State of Illinois;
2) possess knowledge and information acquired
				through training and/or experience relevant to the field of child and family
				welfare law, including familiarity with Department rules, procedures and
				functions;
3) not have been
				involved in the decision to take the action being reviewed or have rendered
				legal advice to the decision maker on the issue; and
4) not have a personal or professional
				interest that interferes with exercising objectivity or have any bias against
				the parties or issues reviewed. An adverse ruling, in and of itself, shall not
				constitute bias or conflict of interest.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.155 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Making the Final Administrative Decision
The Director shall receive the recommended decision from the
				  Administrative Law Judge and shall agree, disagree, or modify the recommended
				  decision based upon a preponderance of evidence standard. The Director's
				  decision is the final administrative decision of the Department. If the
				  decision requires corrective action by the Department, the Director shall
				  appoint a Department staff person who shall be responsible for assuring
				  compliance with the decision.
b) Notice of the Availability of Judicial
				Review
The Department shall include a notice to the appellant as
				  part of the final administrative decision. This notice shall include the name
				  of the person responsible for compliance, if applicable, and shall advise the
				  appellant that, under the provisions of the Administrative Review Law [735 ILCS
				  5 /Art. III], the appellant may seek judicial review of the Department's
				  decisions if it is unfavorable to him or her, within the statutory time
				  frame.
c) Who Receives
				Copies of the Final Administrative Decision
The appellant or authorized representative, the Department or
				  supervising agency licensing representative and licensing supervisor, the
				  Central Office of Licensing, the Department's representative, the
				  Administrative Law Judge, and the Chief Administrative Law Judge shall receive
				  a copy of the final administrative decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart C - ADMINISTRATIVE HEARINGS › Section 383.160 - Records of Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Administrative Law Judge shall maintain the
				  permanent record of the administrative hearing and the final administrative
				  decision. All hearing decisions shall be available for public inspection during
				  regular business hours. However, confidential information shall be deleted in
				  conformance with 89 Ill. Adm. Code 431 (Confidentiality of Personal Information
				  of Persons Served by the Department), and State and federal laws and rules and
				  regulations on confidentiality.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart D - SEVERABILITY OF THIS PART › Section 383.165 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds that any
				  Section, clause, phrase, or provision of this Part is unconstitutional or
				  invalid for any reason whatsoever, this finding shall not affect the validity
				  of the remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 383 - LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT › Subpart D - SEVERABILITY OF THIS PART › Appendix B - Resource Reference List

Current through Register Vol. 48, No. 28, July 12, 2024
a) Laws of the State of Illinois
1) Abused and Neglected Child Reporting Act [325
				  ILCS 5]
2) Administrative Review Law [735 ILCS 5 /Art.
				  III]
3) Child Care Act of 1969 [225 ILCS 10]
4) Children and Family Services Act [20 ILCS
				  505]
5) Illinois Administrative Procedure Act [5 ILCS
				  100]
6) Juvenile Court Act of 1987 [705 ILCS
				  405]
b) Administrative Rules of the Illinois Department of
				  Children and Family Services
1) 89 Ill. Adm. Code 300 (Reports of Child Abuse
				  and Neglect)
2) 89 Ill. Adm. Code 331 (Unusual
				  Incidents)
3) 89 Ill. Adm. Code 357 (Purchase of
				  Service)
4) 89 Ill. Adm. Code 401 (Licensing Standards for
				  Child Welfare Agencies)
5) 89 Ill. Adm. Code 405 (Licensing Standards for
				  Day Care Agencies)
6) 89 Ill. Adm. Code 409 (Licensing Standards for
				  Youth Transitional Housing Programs
7) 89 Ill. Adm. Code 431 (Confidentiality of
				  Personal Information of Persons Served by the Department)
8) 89 Ill. Adm. Code 435 (Administrative Appeals
				  and Hearings)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
			 this Part is to explain acceptable behavior treatment techniques and to assure
			 that these techniques are used only under controlled conditions by
			 appropriately trained personnel. This Part will also identify limitations and
			 restrictions on specific behavior treatment techniques related to crisis
			 prevention, behavior intervention, and behavior management.
b) This Part applies only to the following
			 types of facilities licensed by the Department of Children and Family Services:
			 secure child care facilities, child care institutions, group homes, and youth
			 emergency shelters (as restricted by 89 Ill. Adm. Code 410, Licensing Standards
			 for Youth Emergency Shelters). No other facility licensed by the Department is
			 authorized to use manual restraint or seclusion.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.30 - Agency Behavior Treatment Plans in Child Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
Each child care facility that accepts children for whom the
				Department of Children and Family Services is legally responsible shall develop
				an Agency Behavior Treatment Plan that describes the facility's programming. In
				addition, each child for whom the Department is legally responsible shall have
				an individual treatment plan that identifies those specific components of the
				overall Behavior Treatment Plan that will be applied to that child and the
				specific behaviors the individual treatment plan is intended to address. All
				plans submitted to the Department shall be written to assure that the facility
				will use behavior treatment techniques in a safe, humane manner that fosters a
				child's self-discipline.
a) Licensed
			 child care facilities or their supervising agency shall develop an Agency
			 Behavior Treatment Plan describing the behavior treatment techniques, as
			 defined in Section
			 384.20, to be used by
			 the facility. This plan shall include a detailed description of:
1) each of the facility's approved crisis
			 prevention/intervention procedures as defined in Section 384.20;
2) each of the facility's approved specific
			 behavior intervention techniques as defined in Section 384.20; and
3) each of the facility's approved behavior
			 management techniques, as defined in Section 384.20, to control actions that
			 present a danger to self or others.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.45 - Behavior Intervention Requirements for the Use of Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discipline may
			 only be used to help a child develop self-control and learn to assume
			 responsibility for his or her own actions.
b) In order to help a child know the rules of
			 a child care facility, each facility shall have simple, understandable rules
			 for both children and staff. The rules shall set the limits of behavior
			 required for the protection of the group. The rules shall be explained orally
			 in the child's primary language or preferred mode of communication and a
			 written copy in the child's primary language or preferred mode of communication
			 shall be given to each child at the time the child is admitted to the
			 facility.
c) Each staff member
			 shall receive training in the rules of the child care facility and shall be
			 given a written copy of the rules prior to starting active service.
d) With respect to all discipline as
			 described below in subsections (e)(1) through (e)(5):
1) prior to the application of the
			 discipline, the child shall be informed of the rule infraction;
2) prior to application of the discipline,
			 the reasons for, the nature of, and duration of the discipline shall be
			 explained to the child;
3) the case
			 record shall contain documentation of the discipline applied, specifying the
			 conduct of the child leading to the discipline and the nature and duration of
			 the discipline; and
4) the
			 administrator of the facility or designee shall review all discipline applied
			 on individual children within 48 hours after administration of the discipline.
			 The reviewer shall not be the individual who imposed the disciplinary measure.
			 The administrator of the facility or designee shall approve or disapprove of
			 the discipline imposed and shall indicate review and approval/disapproval by
			 signing and dating the report of discipline. If the administrator or designee
			 disapproves of the discipline imposed, the administrator or designee shall
			 state the reasons for disapproval and shall correct the use of improper
			 disciplinary techniques.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.60 - Behavior Management Requirements for the Use of Mechanical and Medical Restraints

Current through Register Vol. 48, No. 28, July 12, 2024
No child in a facility licensed by the Department of Children
				and Family Services shall be subjected to mechanical restraints, as described
				in Section
				384.20.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.80 - Self-Governance Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child
			 care facilities may institute organized self-governance programs supervised by
			 staff that allow peers to participate in the discipline or behavior management
			 of peers upon compliance with this Section; however, effective April 1, 2006,
			 the manual restraint of a child in any form by another child is prohibited by
			 this Part. In an organized self-governance program, staff retain full
			 responsibility for ensuring that all discipline or behavior management is
			 appropriate for the circumstances and does not violate the requirements of this
			 Part. An organized self-governance program shall not be utilized as a
			 substitute for adequate staffing.
b) A child care facility may only implement
			 an organized self-governance program following approval of a written plan by
			 the child care facility's governing body and the Department. The Department
			 will not approve a plan for an organized self-governance program unless it
			 includes at least the following:
1) parents,
			 guardians and children are advised of the self-governance program prior to
			 admission to the facility;
2) the
			 admissions policy clearly specifies the ages, behavior, functional level, and
			 history of children to be accepted for the self-governance program. Children
			 who do not meet the admissions policy shall not be admitted to the
			 program;
3) facility staff have
			 education, experience, and training directly related to the administration and
			 delivery of services in a self-governance program;
4) the facility has developed and implemented
			 a regular, ongoing monitoring, evaluation, and recordkeeping system for the
			 self-governance program that can demonstrate whether the program, as
			 implemented, is consistent with the plan approved by the Department;
			 and
5) the discharge policy clearly
			 specifies the criteria for successful completion of the program and also
			 specifies what attitudes and behaviors will be reason for involuntary discharge
			 from the self-governance program. The policy must identify who in the facility
			 has authority to approve the successful completion or the involuntary discharge
			 of a child from the program.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.90 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Child care facilities shall report to the Department licensing
				authority unusual incidents regarding discipline and behavior management of
				children placed in the facility.
a)
			 The facility shall report as an unusual incident:
1) any injury received by a child as a result
			 of discipline or behavior management;
2) any 30-day period in which five or more
			 instances of restraint and/or confinement of a specific child
			 occurred;
3) any violation of this
			 Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.110 - Severability of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds any Section,
				clause, phrase, or provision of this Part is unconstitutional or invalid for
				any reason whatsoever, this finding shall not affect the validity of the
				remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Section 384.120 - Severability of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds any Section,
				clause, phrase, or provision of this Part is unconstitutional or invalid for
				any reason whatsoever, this finding shall not affect the validity of the
				remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES › Appendix A - Matrix of Behavior Treatment Techniques

Current through Register Vol. 48, No. 28, July 12, 2024
Approved Crisis Intervention and Behavior
						  Management Models Organization/Models
Address
Crisis Intervention Training Associates (CITA)
Tom Ronquillo
1214 East Grove Street
Bloomington, Illinois 61701
Phone 309.828.0010
Crisis Prevention Institute (CPI)
Crisis Prevention Institute, Inc.
3315-K North 124th Street
Brookfield, Wisconsin 53005
Phone 262.783.5787
The Mandt System
The Mandt System
P.O. Box 831790
Richardson, Texas 75083-1790
Phone 972.495.0755
Professional Assault Response Training (PART)
Professional Assault Response Training
619 East Main Street
Carlinville, Illinois 62626
Phone 217.854.3231
Therapeutic Crisis Intervention (TCI)
Cornell University
Family Life Development Center
Martha Van Rensselaer Hall
Ithaca, New York 14853
Phone 607.255.7794
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to ensure the safety and well being
				of children cared for in an unlicensed relative home or in any facility subject
				to licensing by the Department of Children and Family Services by requiring
				that the operators of child care facilities and other persons subject to
				background checks, as defined in the Child Care Act of 1969 [225 ILCS
				10/4.2] and Section
				385.20, be screened
				for a history of child abuse or child neglect, prior criminal convictions, or
				pending criminal charges.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.30 - Applicability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicability
All licensed child care facilities shall submit completed,
				signed authorizations for background checks for all persons subject to
				background checks as defined in Section
				385.20.
b) License Renewals
A child care
				facility license shall not be renewed until the results of the background
				check, as defined in Section 385.20, have been received for the operator of the
				child care facility. However, if complete, signed authorizations have been
				submitted and fingerprints have been obtained for all persons subject to these
				background checks, renewal of the license shall not be delayed pending receipt
				of the results of the criminal background check for other persons subject to
				background checks.
c) Scope
				of Background Checks
1) All persons subject
				to background checks, as defined in Section 385.20, shall be processed in
				accordance with this Part. All persons age 18 and over shall submit to
				fingerprinting via the fingerprint vendor stipulated by the Department for a
				criminal history check. Fingerprints shall be submitted for the purpose of
				searching for criminal history through the Illinois and national fingerprint
				databases.
2) Foreign nationals
				shall submit to their prospective employer (if seeking employment) or licensing
				representative (if seeking a license to operate a child care facility) a copy
				of their valid passport and current visa. A copy of the valid passport and
				current visa shall be attached to the authorization for background
				check.
3) In addition, each owner
				of a for-profit corporation, as a condition of license renewal, must
certify under penalty of perjury that he or she is current or not more
				than 30 days delinquent in complying with a child support order. Failure to so
				certify may result in a denial of the license application, refusal to renew the
				license, or revocation of the license.
[5 ILCS
				100/10-65(c)]
4) Fingerprints for the following persons age
				18 and over shall be submitted to the Federal Bureau of Investigation (FBI) for
				a search of its records for evidence of prior criminal activity:
A) all applicants for foster family home
				licensure and members of the household;
B) all relative caregivers and members of the
				household prior to a final placement decision in a relative home [20
				ILCS 505/5 (v-1)]; and
C) a non-licensed service provider and all
				members of the non-licensed provider's household age 18 and older who have
				access to children as defined in Section 385.20;
5) For
prospective foster or adoptive
				parents or other adult living in the home
who
resided in
				another state in the preceding 5 years, the Department shall request a check of
				that other state's child abuse and neglect registry
and the National
				Sex Offender Registry. [20
				ILCS 505/5 (v-2)]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.40 - Authorization for Background Checks

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons Required to Authorize Background
				Checks
1) All providers (including
				non-licensed service providers, contractors, child care staff, and volunteers)
				are required to authorize background checks (as defined in Section
				385.20) and shall
				authorize those checks as a condition of employment. Documentation shall be
				provided at the time of initial application for licensure and at the time of
				license renewal.
2) Each owner of a
				child care facility must certify, under penalty of perjury on forms prescribed
				by the Department,
that he or she is
current or
not
				more than 30 days delinquent in complying with a child support order. Failure
				to so certify may result in a denial of the license application, refusal to
				renew the license, or revocation of the license.
(Section 10-65(c) of
				the Illinois Administrative Procedure Act [5 ILCS
				100/10-65(c)])
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.50 - Child Abuse or Child Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Indicated Reports of Child Abuse/Neglect
An individual who is a household
				member and identified as a perpetrator of child abuse/neglect in a single child
				protection investigation that does not rise to the level of a presumption of
				unsuitability can be assessed and recommended for waiver at the supervisory
				level. An individual who is a household member and identified as a perpetrator
				of child abuse/neglect in child protection reports that create a presumption of
				unsuitability (a single indicated report resulting in 20 or 50 year retention
				or two indicated reports each with a five year retention period) shall require
				a waiver through the Director or designee in order to be
				cleared.
b) Assessment of
				Indicated Reports
1) A household member,
				employee, applicant for employment, volunteer or non-licensed contractual
				provider indicated as a perpetrator in a child protection investigation that
				does not rise to the level of a presumption of unsuitability shall be assessed
				in order to determine a recommendation to grant or deny a waiver for licensure
				or employment. The assessment shall include the Department or POS licensing
				staff obtaining a written consent and reviewing the child protection records,
				as well as the following details:
A) the
				nature of the abuse or neglect with which the individual was identified,
				including whether the abuse or neglect resulted in serious injury or death to a
				child or children;
B) the
				circumstances surrounding the commission of the abuse or neglect, including the
				age of the perpetrator and the children, that would demonstrate unlikelihood of
				repetition;
C) the amount of time
				that has elapsed since the abuse or neglect occurred and whether prior
				incidents of child abuse or child neglect have been indicated against the
				individual;
D) whether the abuse or
				neglect involved single or multiple child victims;
E) the relationship of the incident of child
				abuse or neglect to the individual's current or conditional job
				responsibilities within the child care facility;
F) whether the individual has been convicted
				of a criminal offense which might have bearing on the individual's ability to
				function in a child care facility as licensee or employee;
G) evidence of rehabilitation such as
				employment, education, participation in therapy since the indicated incident of
				abuse or neglect; and
H) three
				positive character references.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.60 - Criminal Convictions and Pending Criminal Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Convictions that are Bars to
				Licensure/Employment
1) Persons convicted of
				crimes or convicted of attempting to commit crimes identified in Section 4.2(b)
				of the Child Care Act shall not receive a license to operate a child care
				facility or gain employment in a licensed child care facility.
2) When a licensee is convicted of crimes
				that are non-waivable bars to licensure, or convicted of attempting to commit
				these crimes, action shall be taken by the supervising licensing entity:
A) to begin the revocation process or the
				process to refuse to renew the license; or
B) to refuse to issue a full license,
				subsequent to a permit.
3) When an employee in a licensed child care
				facility is convicted of non-waivable bars to employment or is convicted of
				attempting to commit one of these crimes, the facility can no longer employ
				that person and remain in compliance with the Child Care Act. This includes
				persons who have been:
A) declared a sexually
				dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205] or
				identified as a sex offender in the Illinois Sex Offender Registry operated by
				the Illinois State Police;
B)
				convicted of committing or attempting to commit any of the offenses specified
				in this Part that are defined by the Criminal Code of 2012 [720 ILCS 5] or any
				earlier Illinois criminal law or code (see Section 4.2 of the Child Care Act);
				or
C) convicted of committing or
				attempting to commit an offense in another state, the elements of which are
				similar to, and bear a substantial relationship to, any of the criminal
				offenses specified in Section 4.2(b) of the Child Care Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.70 - Disposition of Background Checks

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice of Findings
When the subject of the background check is the
				director, administrator or other chief executive officer of the facility, the
				Department will notify in writing the presiding officer of the governing body
				of the results of the check, and the presiding officer shall take those actions
				required by this Part. In the case of a group home or a child care facility
				that operates in a family home, the Department will notify in writing the
				supervising agency for the facility of the results of the check.
b) Child Care Facility Decision
				Regarding Employment
It shall be the responsibility of the governing body
				or operator of the facility to determine whether to hire or continue the
				employment of a conditional employee or to reassign the individual in question
				to a position that does not allow access to children, to provide the individual
				an opportunity for a review in accordance with the facility's personnel
				policies, and to notify the Department in writing of its employment decision
				within 30 days after receipt of the information from the Department. The
				decision of the employer is final, subject to review under the personnel
				policies of its governing body. These hiring decisions may not be appealed to
				the Department.
c) Request
				for Subsequent Background Check
The employer of a person who has been
				relieved of child-related duties pursuant to this Part may request another
				background check if the circumstances leading to the relieving of child care
				duties have changed. A change of circumstances may include, but is not limited
				to:
1) pending criminal charges have
				been dismissed or have resulted in an acquittal or conviction for a lesser
				charge;
2) a conviction is reversed
				on appeal;
3) the indicated finding
				of abuse or neglect is expunged, amended to another allegation, or amended to
				"unfounded";
4) a pending child
				protection investigation of abuse or neglect is "unfounded"; or
5) the records of the circuit court or local
				or State Police, if relied upon to reach the decision, have been
				amended.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.80 - Appeal of Decision to Deny License or Permit Based on Background Check Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice
				of Decision to Deny Licensure Based Upon Background History
1) When an application for licensure is
				denied due to criminal background history or identification as an indicated
				perpetrator of abuse/neglect, the supervising agency shall send notice to the
				applicants for licensure of the denial, including the reason for denial. The
				initial notice of denial shall provide the applicant the opportunity to request
				a review of the decision by Central Office of Licensing Review Committee. When
				there is a request for a review of the decision, the Central Office shall send
				a notice of decision that the request was granted or denied. When the request
				for review of the decision is denied, the notice shall provide an opportunity
				for the applicant to appeal the decision to the DCFS Administrative Hearings
				Unit for its review and determination.
2) When there is no request for a review of
				the decision by the Central Office of Licensing Review Committee, the assigned
				licensing unit shall send a second and final notice of denial, which provides
				an opportunity for the applicant to appeal to the Administrative Hearings Unit
				for review and determination.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.90 - Records to be Maintained by the Child Care Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The governing body or operator of a child
				care facility shall maintain a copy of the authorization for background checks
				required by Sections
				385.40
				and
				385.50
				as part of the personnel records of the facility for a period of five years
				from the date of termination of the employment of the employee.
b) The background check record of any
				conclusions or recommendations resulting from the review of the findings of
				that check by the governing body or operator of the child care facility shall
				be maintained for five years after termination of the employment in a separate,
				confidential file apart from other personnel records. Access to those records
				shall be permitted for the following:
1) the
				subject of an individual record;
2)
				the governing body or operator of the child care facility;
3) Department licensing staff;
4) Department staff authorized, in writing,
				by the Director to conduct background checks pursuant to this Part;
5) persons who are authorized, in writing, by
				the governing body or operator of the child care facility and whose duties are
				related to the background checks or its findings;
6) Department representatives who have the
				Director's written authorization specifying the statutory authority or
				administrative rules under which the access is granted; and
7) other persons who are lawfully entitled to
				the information (e.g., persons with a valid subpoena, law enforcement
				personnel, or the attorneys of the individual in question).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.100 - Confidentiality of Background Check Information

Current through Register Vol. 48, No. 28, July 12, 2024
Any employee
				of the Department of Children and Family Services, the Illinois State Police,
				or a child care facility receiving confidential information under this Section
				who gives or causes to be given any confidential information concerning any
				criminal convictions or child abuse or neglect information of a child care
				facility applicant, or child care facility employee, shall be guilty of a Class
				A misdemeanor unless release of such information is authorized by Sections 4.1
				and 4.3 of the Child Care Act of 1969 [225 ILCS 10/4.1 and
				4.3].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Section 385.110 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction
				finds that any rule, clause, phrase, or provision of this Part is
				unconstitutional or invalid for any reason whatsoever, this finding shall not
				affect the validity of the remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 386 - CHILDREN'S PRODUCT SAFETY › Section 386.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to ensure:
a) that all child care facilities licensed by
				the Department are aware of the provisions of the Children's Product Safety Act
				that apply to them.
b) that all
				child care facilities licensed by the Department conduct ongoing surveys of
				their premises for any unsafe children's products.
c) that all child care facilities licensed by
				the Department have applied the appropriate remedy to any unsafe children's
				product discovered on their premises pursuant to the Children's Product Safety
				Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 386 - CHILDREN'S PRODUCT SAFETY › Section 386.30 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notification
The Department of Children and Family Services shall, on or
				before July 1, 2000, notify all licensed child care facilities of the
				applicable provisions of the Children's Product Safety Act.
b) Information to be Provided
1) Facilities licensed at the time of the
				initial notification will receive:
A) A
				written explanation of the relevant provisions of Section 5.2 of the Child Care
				Act and the Children's Product Safety Act in plain, non-technical
				language.
B) A comprehensive list
				of children's products that have been identified by the Illinois Department of
				Public Health as being unsafe as defined in the Children's Product Safety
				Act.
C) Periodic updates of the
				Illinois Department of Public Health's list.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 386 - CHILDREN'S PRODUCT SAFETY › Section 386.40 - Licensing Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Responsibility of Child Care Facilities
1)
				Upon notification of the provisions of the Children's Product Safety Act,
				either during the initial notification process or later as part of the new
				licensee's application process and with each periodic update, the facility
				shall inspect its premises and immediately dispose of any unsafe children's
				products discovered.
2) This
				inspection shall be documented by signing and dating the Department's initial
				notification and periodic updates in the space so designated on the
				notification.
3) The signed
				notification and any periodic updates shall be maintained in the facility's
				files for inspection.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart A - INTRODUCTION AND DEFINITIONS › Section 401.30 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
				this Part is to prescribe the standards for licensure as a child welfare agency
				and to describe how to apply for a child welfare agency license. This Part also
				prescribes the duties of a child welfare agency to monitor and supervise child
				care facilities under its supervisory authority.
b) The licensing standards set forth in this
				Part are applicable to child welfare agencies as defined in the Child Care Act
				of 1969 [225 ILCS 10/2.08 ]. Granting a
				license to a child welfare agency does not guarantee a contract with the State
				of Illinois or the Department of Children and Family Services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart B - PERMITS AND LICENSES › Section 401.110 - Provisions Pertaining to Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permit shall be issued before a
				provisional license is granted, but shall not be issued prior to the following:
1) Completion of the application for license
				and submission of the original and one copy of the application and all required
				supporting documentation to the Department;
2) Employment of an executive director who
				has passed the background check requirements of 89 Ill. Adm. Code 385
				(Background Checks) and who meets the requirements of Section
				401.300;
3) Development of a projected staffing plan
				indicating the time table by which qualified staff shall be hired;
4) Establishment of procedures and forms for
				required records and reports in Sections
				401.260 and
				401.270;
5) Submission of a written plan that
				indicates how requirements for a license shall be met within the permit
				period;
6) Submission of a
				projected budget for at least the next two years that has been approved by the
				governing body. Letters of commitment must be attached for any projected grant
				or contract;
7) Submission of a
				risk management plan as outlined in Appendix D, Minimum Requirements for a Risk
				Management Plan, of this Part; and
8) Documentation of current public liability
				insurance as required by Section
				401.220(g).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart B - PERMITS AND LICENSES › Section 401.120 - Provisional Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may restrict the operation of the child welfare agency by attaching
				provisions to the license, such as those identified in subsection (c) of this
				Section. Provisional licenses shall be issued for the first two years to
				applicants for initial license as a child welfare agency when the applicant
				successfully completes the six-month permit period and has achieved and
				maintained reasonable compliance with the standards in this Part. In addition,
				a provisional license may be issued when a former license holder seeks to
				reapply after the license was voluntarily surrendered or after the Department
				revoked or refused to renew the former license.
b) Good cause for issuing a provisional
				license to a former or current holder of a child welfare agency license is
				evidenced by, but not limited to:
1) an
				excessive number of indicated child abuse or neglect reports involving agency
				staff in their professional duties or foster family, relative, day care, and
				group homes supervised by the child welfare agency; or
2) lack of financial responsibility as
				evidenced by maintaining inadequate assets or by late payment (more than ten
				days after the scheduled payment date) of foster parents, tax obligations,
				bills or other evidence of financial instability; or
3) inadequate or missing records or reports,
				as required by this Part; or
4)
				failure to supervise foster family, relative, day care, and group homes, as
				required by Department of Children and Family Services rules, 89 Ill. Adm. Code
				301 (Placement and Visitation Services), 89 Ill. Adm. Code 402 (Licensing
				Standards for Foster Family Homes), 89 Ill. Adm. Code 403 (Licensing Standards
				for Group Homes), 89 Ill. Adm. Code 406 (Licensing Standards for Day Care
				Homes) and 89 Ill. Adm. Code 408 (Licensing Standards for Group Day Care
				Homes), as applicable;
5) failure
				to promptly process foster parent licensing applications, provide required
				training of foster parents and adoptive parents, provide information to foster
				parents regarding policy and procedures applicable to foster parents and foster
				children or adoptive parents and adoptable children, or to recruit foster
				family and adoptive homes to care for the children served;
6) failure to recommend foster family and day
				care home licenses for renewal before the expiration date of the license when
				the licensee has made a timely and sufficient application for license
				renewal;
7) failure to submit an
				annual implementation plan pursuant to the Foster Parent Law [20 ILCS 505/7.2 ]
				and to implement the plan as submitted; or
8) other good cause when supported by
				adequate documentation that the agency is failing to operate in the interest of
				its clients or the general public.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 401 - LICENSING STANDARDS FOR CHILD WELFARE AGENCIES › Subpart B - PERMITS AND LICENSES › Section 401.130 - Provisions Pertaining to Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) A full child welfare agency license is
				valid for 4 years unless revoked by the Department or voluntarily surrendered
				by the licensee. Provisional licenses are valid for 2 years.
b) The Department shall revoke or refuse to
				renew the license of any child welfare agency providing adoption services,
				unless the agency:
1) Is officially
				recognized by the United States Internal Revenue Service as a tax-exempt
				organization described in section 501(c)(3) of the Internal Revenue Code of
				1986 (or any successor provision of federal tax law); and
2) Is in compliance with all of the standards
				necessary to maintain its status as an organization described in section
				501(c)(3) of the Internal Revenue Code of 1986. [225 ILCS
				10/4(e) ]