Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 385 - BACKGROUND CHECKS › Appendix A - Criminal Convictions Preventing Licensure, Employment, Residence in a Family Home in Which a Child Care Facility Operates, or Placement with Relatives

Current through Register Vol. 48, No. 28, July 12, 2024
No applicant may receive a
				license from the Department, and no person may be employed by a child care
				facility licensed by the Department, who has been declared a sexually dangerous
				person under the Sexually Dangerous Persons Act
[725 ILCS 205, Art.
				105]
or convicted of committing or attempting to commit any of the
				following offenses stipulated under the Criminal Code of 1961 or the Criminal
				Code of 2012:
Lifetime Bars
				(Non-Waivable)
(1) murder;
(1.1) solicitation of
				murder;
(1.2) solicitation of murder for
				hire;
(1.3) intentional
				homicide of an unborn child;
(1.4) voluntary
				manslaughter of an unborn child;
(1.5)
				involuntary manslaughter;
(1.6) reckless
				homicide;
(1.7) concealment of a homicidal
				death;
(1.8)
				involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10)
				drug-induced homicide;
(2) a sex offense under
				Article 11, except offenses described in Sections 11-7, 11-8, 11-12, 11-13,
				11-35, 11-40, and 11-45;
(3)
				kidnapping;
(3.1) aggravated unlawful
				restraint;
(3.2) forcible
				detention;
(3.3) harboring a
				runaway;
(3.4) aiding and abetting child
				abduction;
(4) aggravated
				kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in Section 12-4.3
				or 12-3.05(b)(1);
(7) criminal sexual
				assault;
(8) aggravated criminal sexual
				assault;
(8.1) predatory
				criminal sexual assault of a child;
(9) criminal
				sexual abuse;
(10) aggravated sexual
				abuse;
(11) heinous battery as described in
				Section 12-4.1 or Section 12-3.05(a)(2);
(12)
				aggravated battery with a firearm as described in Section 12-4.2 or Section
				12-3.05(e)(1), (e)(2), (e)(3), or (e)(4);
(13)
				tampering with food, drugs, or cosmetics;
(14)
				drug induced infliction of great bodily harm as described in Section 12-4.7 or
				Section 12-3.05(g)(1);
(15) hate
				crime;
(16) stalking;
(17) aggravated stalking;
(18)
				threatening public officials;
(19) home
				invasion;
(20) vehicular
				invasion;
(21) criminal transmission of
				HIV;
(22) criminal abuse or neglect of an elderly
				person or person with a disability as described in Section 12-21 or Section
				12-4.4a(e);
(23) child
				abandonment;
(24) endangering the life or health
				of a child;
(25) ritual
				mutilation;
(26) ritualized abuse of a
				child;
(27) an offense in any other jurisdiction
				the elements of which are similar and bear a substantial relationship to any of
				the offenses listed in this section.
[225 ILCS
				10/4.2(b)]
Financial-type Crimes
Effective July
				19, 2019, for applicants with access to confidential financial information or
				who submit documentation to support billing, the Department may, in its
				discretion, deny or refuse to renew a license to an applicant who has been
				convicted of committing or attempting to commit any of the following felony
				offenses:
(1) financial institution fraud under
				Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of
				2012;
(2) identity theft under Section 16-30 of
				the Criminal Code of 1961 or the Criminal Code of 2012;
(3) financial exploitation of an elderly person or a person with
				a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal
				Code of 2012;
(4) computer tampering under
				Section 17-51 of the Criminal Code of 1961 or the Criminal Code of
				2012;
(5) aggravated computer tampering under
				Section 17-52 of the Criminal Code of 1961 or the Criminal Code of
				2012;
(6) computer fraud under Section 17-50 of
				the Criminal Code of 1961 or the Criminal Code of 2012;
(7) deceptive practices under Section 17-1 of the Criminal Code
				of 1961 or the Criminal Code of 2012;
(8) forgery
				under Section 17-3 of the Criminal Code of 1961 or the Criminal Code of
				2012;
(9) State benefits fraud under Section 17-6
				of the Criminal Code of 1961 or the Criminal Code of 2012;
(10) mail fraud and wire fraud under Section 17-24 of the
				Criminal Code of 1961 or the Criminal Code of 2012;
(11) theft under Section 16-1(b)(1.1) through (11) of the
				Criminal Code of 1961 or the Criminal Code of 2012.
[225 ILCS
				10/4.2 (b-1.5)]
Waivable Bars (Not
				Including Foster Homes)
No new applicant and, on
				the date of licensure renewal, no current licensee may operate or receive a
				license to operate, no person may be employed by, and no adult person may
				reside in a child care facility licensed by the Department who has been
				convicted of committing or attempting to commit any of the following offenses
				or an offense in any other jurisdiction the elements of which are similar and
				bear a substantial relationship to any of the following offenses (unless waived
				as provided in this section):
(I) BODILY
				HARM
(1) Felony aggravated
				assault;
(2) Vehicular
				endangerment;
(3) Felony domestic
				battery;
(4) Aggravated battery;
(5) Heinous battery;
(6) Aggravated
				battery with a firearm;
(7) Aggravated battery of
				an unborn child;
(8) Aggravated battery of a
				senior citizen;
(9) Intimidation;
(10) Compelling organization membership of
				persons;
(11) Abuse and criminal neglect of a
				long term care facility resident;
(12) Felony
				violation of an order of protection.
(II)
				OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(1) Felony unlawful use of weapons;
(2) Aggravated discharge of a firearm;
(3) Reckless discharge of a firearm;
(4) Unlawful use of metal piercing bullets;
(5) Unlawful sale or delivery of firearms on the premises of any
				school;
(6) Disarming a police
				officer;
(7) Obstructing justice;
(8) Concealing or aiding a fugitive;
(9) Armed violence;
(10) Felony
				contributing to the criminal delinquency of a juvenile.
(III) DRUG OFFENSES
(1) Possession
				of more than 30 grams of cannabis;
(2)
				Manufacture of more than 10 grams of cannabis;
(3) Cannabis trafficking;
(4)
				Delivery of cannabis on school grounds;
(5)
				Unauthorized production of more than 5 cannabis sativa plants;
(6) Calculated criminal cannabis conspiracy;
(7) Unauthorized manufacture or delivery of controlled
				substances;
(8) Controlled substance
				trafficking;
(9) Manufacture, distribution, or
				advertisement of look-alike substances;
(10)
				Calculated criminal drug conspiracy;
(11) Street
				gang criminal drug conspiracy;
(12) Permitting
				unlawful use of a building;
(13) Delivery of
				controlled, counterfeit, or look-alike substances to persons under age 18, or
				at truck stops, rest stops, or safety rest areas, or on school
				property;
(14) Using, engaging, or employing
				persons under 18 to deliver controlled, counterfeit, or look-alike
				substances;
(15) Delivery of controlled
				substances;
(16) Sale or delivery of drug
				paraphernalia;
(17) Felony possession, sale, or
				exchange of instruments adapted for use of a controlled substance,
				methamphetamine, or cannabis by subcutaneous injection;
(18) Any violation of the Methamphetamine Control and Community
				Protection Act
[720 ILCS 646]. [225 ILCS
				10/4.2 (b-1)]
For the offenses described
				in Waivable Bars (Not Including Foster Homes),
the Department may make
				an exception and, for child care facilities other than foster family homes,
				issue a new child care facility license to, or renew the existing child care
				facility license of, an applicant, a person employed by a child care facility,
				or an applicant who has an adult residing in a home child care
				facility
, provided that all of the following requirements are
				met:
(1) The relevant offense occurred more than 5 years
				prior to the date of application or renewal, except for drug offenses. The
				relevant drug offense must have occurred more than 10 years prior to the date
				of the application or renewal, unless the applicant passed a drug test,
				arranged and paid for by the child care facility, no less than 5 years after
				the offense;
(2) The Department conducts a
				background check and assesses all convictions and recommendations of the child
				care facility to determine if hiring or licensing the applicant is in
				accordance with Department administrative rules and procedures;
				and
(3) The applicant meets all other
				requirements and qualifications
for licensure. [225 ILCS
				10/4.2 (b-2)]
In evaluating
				whether to grant the exception, the Department must carefully review any
				relevant documents to determine whether the applicant, despite the
				disqualifying convictions, poses a substantial risk to State resources or
				clients. In making this determination, the following guidelines shall be
				used:
(1) the age of the applicant when the
				offense was committed;
(2) the circumstances
				surrounding the offense;
(3) the length of time
				since the conviction;
(4) the specific duties and
				responsibilities necessarily related to the license being applied for and the
				bearing, if any, that the applicant's conviction history may have on his or her
				fitness to perform these duties and responsibilities;
(5) the applicant's employment references;
(6) the applicant's character references and any certificates of
				achievement;
(7) an academic transcript showing
				educational attainment since the disqualifying conviction;
(8) a Certificate of Relief from Disabilities or Certificate of
				Good Conduct; and
(9) anything else that speaks
				to the applicant's character.
[225 ILCS
				10/4.2(e)]
Additional Foster Home Restrictions
No
				applicant may receive a license from the Department to operate a foster family
				home, and no adult person may reside in a foster family home licensed by the
				Department, who has been convicted of committing or attempting to commit any of
				the following offenses stipulated under the Criminal Code of 1961, the Criminal
				Code of 2012, the Cannabis Control Act
[720 ILCS 550]
, the
				Methamphetamine Control and Community Protection Act, and the Illinois
				Controlled Substances Act
[725 ILCS 70]
:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY
				HARM
(2) Felony aggravated
				assault;
(3) Vehicular
				endangerment;
(4) Felony domestic
				battery;
(5) Aggravated battery;
(6) Heinous battery;
(7) Aggravated
				battery with a firearm;
(8) Aggravated battery of
				an unborn child;
(9) Aggravated battery of a
				senior citizen;
(10)
				Intimidation;
(11) Compelling organization
				membership of persons;
(12) Abuse and criminal
				neglect of a long term care facility resident;
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft;
(15)
				Robbery;
(16) Armed robbery;
(17) Aggravated robbery;
(18)
				Vehicular hijacking;
(19) Aggravated vehicular
				hijacking;
(20) Burglary;
(21) Possession of burglary tools;
(22) Residential burglary;
(23)
				Criminal fortification of a residence or building;
(24) Arson;
(25) Aggravated
				arson;
(26) Possession of explosive or explosive
				incendiary devices.
(III) OFFENSES AFFECTING
				PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony
				unlawful use of weapons;
(28) Aggravated
				discharge of a firearm;
(29) Reckless discharge
				of a firearm;
(30) Unlawful use of metal piercing
				bullets;
(31) Unlawful sale or delivery of
				firearms on the premises of any school;
(32)
				Disarming a police officer;
(33) Obstructing
				justice;
(34) Concealing or aiding a
				fugitive;
(35) Armed violence;
(36) Felony contributing to the criminal delinquency of a
				juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of
				cannabis;
(38) Manufacture of more than 10 grams
				of cannabis;
(39) Cannabis
				trafficking;
(40) Delivery of cannabis on school
				grounds;
(41) Unauthorized production of more
				than 5 cannabis sativa plants;
(42) Calculated
				criminal cannabis conspiracy;
(43) Unauthorized
				manufacture or delivery of controlled substances;
(44) Controlled substance trafficking;
(45) Manufacture, distribution, or advertisement of look-alike
				substances;
(46) Calculated criminal drug
				conspiracy;
(46.5) Street gang criminal drug
				conspiracy;
(47) Permitting unlawful use of a
				building;
(48) Delivery of controlled,
				counterfeit, or look-alike substances to persons under age 18, or at truck
				stops, rest stops, or safety rest areas, or on school property;
(49) Using, engaging, or employing persons under 18 to deliver
				controlled, counterfeit, or look-alike substances;
(50) Delivery of controlled substances;
(51) Sale or delivery of drug paraphernalia;
(52) Felony possession, sale, or exchange of instruments adapted
				for use of a controlled substance, methamphetamine, or cannabis by subcutaneous
				injection;
(53) Any violation of the
				Methamphetamine Control and Community Protection Act.
Waiver Conditions for Foster Homes
The
				Department may make an exception and issue a new foster family home license or
				may renew an existing foster family home license of an applicant who was
				convicted of an offense described in the section titled Additional Foster Home
				Restrictions, provided all of the following requirements are
				met:
(1) The relevant criminal offense or
				offenses occurred more than 10 years prior to the date of application or
				renewal;
(2) The applicant had previously
				disclosed the conviction or convictions to the Department for purposes of a
				background check;
(3) After the disclosure, the
				Department either placed a child in the home or the foster family home license
				was issued;
(4) During the background check, the
				Department had assessed and waived the conviction in compliance with the
				existing statutes and rules in effect at the time of the hire or
				licensure;
(5) The applicant meets all other
				requirements and qualifications to be licensed as a foster family home under
				this Act and the Department's administrative rules;
(6) The applicant has a history of providing a safe, stable home
				environment and appears able to continue to provide a safe, stable home
				environment.
[225 ILCS
				10/4.2(d)]
In
				evaluating whether to grant the exception, the Department must carefully review
				any relevant documents to determine whether the applicant, despite the
				disqualifying convictions, poses a substantial risk to State resources or
				clients. In making this determination, the following guidelines shall be
				used:
(1) the age of the applicant when the
				offense was committed;
(2) the circumstances
				surrounding the offense;
(3) the length of time
				since the conviction;
(4) the specific duties and
				responsibilities necessarily related to the license being applied for and the
				bearing, if any, that the applicant's conviction history may have on his or her
				fitness to perform these duties and responsibilities;
(5) the applicant's employment references;
(6) the applicant's character references and any certificates of
				achievement;
(7) an academic transcript showing
				educational attainment since the disqualifying conviction;
(8) a Certificate of Relief from Disabilities or Certificate of
				Good Conduct; and
(9) anything else that speaks
				to the applicant's character.
[225 ILCS
				10/4.2(e)]