Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 405 - LICENSING STANDARDS FOR DAY CARE AGENCIES › Section 405.2 - 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.
"Accredited" means accredited by the North Central Association of Schools
				and Colleges, its regional counterparts, or the National Accreditation
				Council.
"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.
"CANTS" means the Child Abuse and Neglect Tracking System operated and
				maintained by the Illinois Department of Children and Family Services.
"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 [225
				ILCS 10/2.05 ])
"Conviction" means a
				judgment of conviction or sentence entered upon a plea of guilty or upon a
				verdict or finding of guilty of an offense, rendered by a legally constituted
				jury or by a court of competent jurisdiction authorized to try the case without
				a jury. (Section 2-5 of the Criminal Code of 1961)
"Day care
				agency" means any person, group of persons, public or private agency,
				association or organization which undertakes to provide one or more day care
				homes with administrative services including, but not limited to consultation,
				technical assistance, training, supervision, evaluation, and provision of or
				referral to health and social services under contractual arrangement. (Section
				2.11 of the Child Care Act of 1969)
"Day care center" means any
				child care facility which regularly provides day care for less than 24 hours
				per day for more than 8 children in a family home and that are not licensed as
				a day care home or group day care home, or more than 3 children in a facility
				other than a family home. Exclusions from this definition are listed in Section
				2.09 of the Child Care Act of 1969.
"Day care homes" means family
				homes which receive more than 3 up to a maximum of12children for less than 24
				hours per day. The number counted includes the family's natural or adopted
				children and all other persons under the age of 12. The term does not include
				facilities which receive only children from a single household. (Section 2.18
				of the Child Care Act of 1969)
"Department" means the Illinois
				Department of Children and Family Services. (Section 2.02 of the Child Care Act
				of 1969 [225 ILCS 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.
"Governing body;" as used in this
				Part, means the board of directors of a corporation; otherwise, the term means
				the owner(s) or other person(s), agency, association or organization legally
				responsible for the operation of the day care agency.
"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 Child Care Act of 1969.
"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
				[225 ILCS
				10/4.4 ])
"Licensee" means those
				individuals, agencies, or organizations who hold a license or permit issued by
				the Department.
"License study" means the review of an application
				for license, on-site visit(s), interviews, and the collection and review of
				supporting documents to determine compliance with the Child Care Act of 1969
				and the standards prescribed by this Part.
"Licensing
				representative" means persons authorized by the Department under the Child Care
				Act of 1969 to examine facilities for licensure.
"Minor traffic
				violation" means a traffic violation under the laws of the State of Illinois or
				any municipal authority therein or another state or municipal authority which
				is punishable solely as a petty offense. (Section 6-601 of the Illinois Driver
				Licensing Law [625 ILCS 5/6-601
				])
"Parents", as used in this Part, means the person(s) assuming
				legal responsibility for the care and protection of the child on a 24-hour
				basis; includes guardian or legal custodian.
"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.