There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 10/ Child Care Act of 1969.
(225 ILCS 10/1) (from Ch. 23, par. 2211)
Sec. 1.
This Act shall be known and may be cited as the Child Care Act of 1969.
(Source: P. A. 76‑63.)
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(225 ILCS 10/2.01) (from Ch. 23, par. 2212.01)
Sec. 2.01.
Child.
"Child" means any person under 18 years of age.
For purposes of admission to and residence in child care institutions, group
homes,
and
maternity centers, the term also means any person under 21 years of age who
is referred by a parent or guardian, including an agency having legal
responsibility for the person pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987. Termination of care for such
persons under 21 years of age shall occur no later than 90 days following
completion of a public school secondary education program or the
individual's eligibility for such a program.
(Source: P.A. 91‑60, eff. 6‑30‑99.)
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(225 ILCS 10/2.01a) (from Ch. 23, par. 2212.01a)
Sec. 2.01a.
"Homeless youth" has the same meaning as in Section 5 of
"An Act creating the Department of Children and Family Services,
codifying its powers and duties, and repealing certain Acts and
Sections herein named", approved June 4, 1963, as amended.
(Source: P.A. 86‑278; 86‑386.)
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(225 ILCS 10/2.02) (from Ch. 23, par. 2212.02)
Sec. 2.02.
"Department" means the Illinois Department of Children and Family
Services.
(Source: P. A. 76‑63.)
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(225 ILCS 10/2.03) (from Ch. 23, par. 2212.03)
Sec. 2.03.
"Guardian" means the guardian of the person of a minor.
(Source: P. A. 76‑63.)
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(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
Sec. 2.04.
"Related" means any of the following relationships by
blood, marriage, or adoption: parent, grandparent, great‑grandparent, great‑uncle,
great‑aunt, brother, sister,
stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, or
first cousin .
(Source: P.A. 80‑459.)
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(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06.
"Child care institution" means a child care facility where more than
7 children are received and maintained for the purpose of providing them
with care or training or both. The term "child care institution"
includes residential schools, primarily serving ambulatory handicapped
children, and those operating a full calendar year, but does not
include:
(a) Any State‑operated institution for child care established by
legislative action;
(b) Any juvenile detention or shelter care home established and operated by any
county or child protection district established under the "Child
Protection Act";
(c) Any institution, home, place or facility operating under a
license pursuant to the Nursing Home Care Act;
(d) Any bona fide boarding school in which children are primarily
taught branches of education corresponding to those taught in public
schools, grades one through 12, or taught in public elementary schools,
high schools, or both elementary and high schools, and which operates on
a regular academic school year basis; or
(e) Any facility licensed as a "group home"
as defined in this Act.
(Source: P.A. 86‑820.)
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(225 ILCS 10/2.07) (from Ch. 23, par. 2212.07)
Sec. 2.07.
"Maternity center" means a facility in which any person, agency, or
corporation other than one licensed as a foster family home or group home
under this Act, receives, treats or cares for one or more unwed pregnant
girls under 18 years of age, except that the term does not include any
facility licensed under the "Hospital Licensing Act".
(Source: P. A. 76‑63.)
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(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
Sec. 2.09.
"Day care center" means any child care facility which regularly
provides day care for less than 24 hours per day for (1) more than 8 children
in a family home, or (2) more than 3 children in a facility other than a
family home, including senior citizen buildings. The term does not include
(a)
programs operated by (i) public or private elementary school systems or
secondary level school units or institutions of higher learning that
serve children who shall have attained the age of 3 years or (ii) private
entities on the grounds of public or private elementary or
secondary schools and that serve children who have attained the age of 3
years, except that this exception applies only to the facility and not to the
private entities' personnel operating the program;
(b)
programs
or that portion of the program which serves children who shall have attained
the age of 3 years and which are recognized by the State Board of Education;
(c) educational program or programs serving children who shall have attained
the age of 3 years and which are operated by a school which is registered
with the State Board of Education and which is recognized or accredited
by a recognized national or multistate
educational organization or association which regularly recognizes or accredits
schools; (d) programs which exclusively serve or that portion of the
program which serves handicapped children who shall have attained the age
of 3 years but are less than 21 years of age and which are registered and
approved as meeting standards of the State Board of Education and
applicable fire marshal standards; (e) facilities operated in connection
with a shopping center or service, religious services, or other similar
facility, where transient children are cared for temporarily while parents
or custodians of the children are occupied on the premises and readily
available; (f) any type of day care center that is
conducted on federal government premises; (g) special activities
programs, including athletics, crafts instruction and similar activities
conducted on an organized and periodic basis by civic, charitable and
governmental organizations; (h) part day child care facilities, as
defined in Section 2.10 of this Act; or (i) programs or that portion of
the program which (1) serves children who shall have attained the age of
3 years, (2) is operated by churches or religious institutions as described
in Section 501 (c) (3) of the federal Internal Revenue Code, (3) receives
no governmental aid, (4) is operated as a component of a religious, nonprofit
elementary school, (5) operates primarily to provide religious education,
and (6) meets appropriate State or local health and fire safety standards.
For purposes of (a), (b), (c), (d) and (i) of this Section,
"children who shall have attained the age of 3 years" shall mean children
who are 3 years of age, but less than 4 years of age, at the time of
enrollment in the program.
(Source: P.A. 92‑659, eff. 7‑16‑02.)
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(225 ILCS 10/2.10) (from Ch. 23, par. 2212.10)
Sec. 2.10.
"Part day child care facility" means a facility for which
written notification has been filed pursuant to subsection (b) of Section
3 of this Act and which is conducted by a church, religious organization or
social service agency in which individual children are provided care, on an
intermittent basis, for up to 10 hours per seven day week. Any facility
which provides intermittent care for up to 10 hours per 7 day week shall
not provide such care for more than 8 hours in any given day during the 7
day week. Any facility which provides intermittent care for up to 10 hours
per 7 day week shall provide at least one caregiver per 20 children. Any
facility which operates for more than 10 hours per 7 day week or charges a
fee for its services shall maintain written records indicating the parent's
name, emergency phone numbers and the number of hours each child is served
in order to verify that the facility is operating within the bounds set by
this definition.
(Source: P.A. 87‑724.)
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(225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)
Sec. 2.11.
"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.
(Source: P.A. 83‑126.)
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(225 ILCS 10/2.16) (from Ch. 23, par. 2212.16)
Sec. 2.16.
"Group home" means a child care facility which provides care for no more
than 10 children placed by and under the supervision of a licensed child
welfare agency with these homes being owned or rented, staffed, maintained
and otherwise operated by the agency.
(Source: P.A. 79‑1016.)
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(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17.
"Foster family home" means a facility for child care in
residences of families who receive no more than 8 children unrelated to them,
unless all the children are of common parentage, or residences of relatives who
receive no more than 8 related children placed by the Department, unless the
children are of common parentage, for the purpose of providing family care and
training for the children on a full‑time basis, except the Director of Children
and Family Services, pursuant to Department regulations, may waive the limit of
8 children unrelated to an adoptive family for good cause and only to
facilitate an adoptive placement. The family's or relative's own children,
under 18 years of age, shall be included in determining the
maximum number of children served. For purposes of this Section, a "relative"
includes any person, 21 years of age or over, other than the parent, who (i) is
currently related to the child in any of the following ways by blood or
adoption: grandparent, sibling, great‑grandparent, uncle, aunt, nephew, niece,
first cousin, great‑uncle, or great‑aunt; or (ii) is the spouse of such a
relative; or (iii) is a child's step‑father, step‑mother, or adult step‑brother
or step‑sister; "relative" also includes a person related in any of the
foregoing ways to a sibling of a child, even though the person is not related
to the child, when the child and its sibling are placed together with that
person. The term "foster family home" includes homes receiving children from
any State‑operated institution for child care; or from any agency established
by a municipality or other political subdivision of the State of Illinois
authorized to provide care for children outside their own homes. The term
"foster family home" does not include an "adoption‑only home" as defined in
Section 2.23 of this Act. The types of
foster family homes are defined as follows:
(a) "Boarding home" means a foster family home which receives payment
for regular full‑time care of a child or children.
(b) "Free home" means a foster family home other than an adoptive home
which does not receive payments for the care of a child or children.
(c) "Adoptive home" means a foster family home which receives a child or
children for the purpose of adopting the child or children.
(d) "Work‑wage home" means a foster family home which receives a child
or children who pay part or all of their board by rendering some services
to the family not prohibited by the Child Labor Law or by standards or
regulations of the Department prescribed under this Act. The child or
children may receive a wage in connection with the services rendered the
foster family.
(e) "Agency‑supervised home" means a foster family home under the direct
and regular supervision of a licensed child welfare agency, of the
Department of Children and Family Services, of a circuit court, or of any
other State agency which has authority to place children in child care
facilities, and which receives no more than 8 children, unless of common
parentage, who are placed and are regularly supervised by one of the
specified agencies.
(f) "Independent home" means a foster family home, other than an
adoptive home, which receives no more than 4 children, unless of common
parentage, directly from parents, or other legally responsible persons, by
independent arrangement and which is not subject to direct and regular
supervision of a specified agency except as such supervision pertains to
licensing by the Department.
(Source: P.A. 92‑318, eff. 1‑1‑02.)
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(225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)
Sec. 2.18.
"Day care homes" means family homes which receive
more than 3 up to a maximum of 12 children 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.
(Source: P.A. 87‑674.)
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(225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)
Sec. 2.20.
"Group day care home" means a family home which receives
more than 3 up to a maximum of 16 children 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.
(Source: P.A. 87‑675)
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(225 ILCS 10/2.21) (from Ch. 23, par. 2212.21)
Sec. 2.21.
"Youth Emergency Shelter" means a child care facility
licensed by the Department to provide overnight shelter, and referral for
other services, to homeless youth under 18 years of age in accordance with
the requirements of this Act and applicable rules of the Department.
(Source: P.A. 86‑278; 86‑386.)
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(225 ILCS 10/2.23)
Sec. 2.23.
"Adoption‑only home" means a family home that
receives only children
whose parents' parental rights have been terminated or surrendered for the
purpose of adoption only.
(Source: P.A. 92‑318, eff. 1‑1‑02.)
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(225 ILCS 10/3) (from Ch. 23, par. 2213)
Sec. 3.
(a) No person, group of persons or corporation may operate or
conduct any facility for child care, as defined in this Act, without a
license or permit issued by the Department or without being approved by
the Department as meeting the standards established for such licensing,
with the exception of facilities for whom standards are established by the
Department of Corrections under Section 3‑15‑2 of the Unified Code of
Corrections and with the exception of facilities defined in Section 2.10
of this Act, and with the exception of programs or facilities licensed by
the Department of Human Services under the Alcoholism
and Other Drug Abuse and Dependency Act.
(b) No part day child care facility as described in Section 2.10 may operate
without written notification to the Department or without complying with
Section 7.1. Notification shall include a notarized statement by the facility
that the facility complies with state or local health standards and state
fire safety standards, and shall be filed with the department every 2 years.
(c) The Director of the Department shall establish policies and coordinate
activities relating to child care licensing, licensing of day care homes
and day care centers.
(d) Any facility or agency which is exempt from licensing may apply for
licensing if licensing is required for some government benefit.
(Source: P.A. 88‑670, eff. 12‑2‑94; 89‑507, eff. 7‑1‑97.)
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(225 ILCS 10/3.1)
Sec. 3.1.
Licenses for secure child care facility.
The Department shall
establish standards for licensing secure child care facilities which comply
with the requirements of this Act, Section 2‑27.1 of the Juvenile Court Act of
1987, applicable requirements of the Mental Health and Developmental
Disabilities Code, and applicable rules of the Department. On or before January
1, 1999, the Department shall develop rules that set standards and the degree
of need for licensed secure facilities. Within 90 days after the effective
date
of this amendatory Act of 1998, the Director shall appoint an advisory
committee to assist the Department in the development of these rules.
(Source: P.A. 90‑608, eff. 6‑30‑98.)
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(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1.
Criminal Background Investigations.
The Department shall
require that each child care facility license applicant as part of the
application process, and each employee of a child care facility as a
condition of employment, authorize an investigation to determine if such
applicant or employee has ever been charged with a crime and if so, the
disposition of those charges; this authorization shall indicate the scope of
the inquiry and the agencies which may be contacted. Upon this
authorization, the Director shall request and receive information and
assistance from any federal, State or local governmental agency as part of
the authorized investigation.
Each applicant shall submit his or her fingerprints to the Department
of State Police in the form and manner prescribed by the Department of State
Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check.
The Department of State Police shall provide
information concerning any criminal charges, and their disposition, now or
hereafter filed, against an applicant or child care facility employee upon
request of the Department of Children and Family Services when the request
is made in the form and manner required by the Department of State Police.
Information concerning convictions of a license applicant investigated
under this Section, including the source of the information and any
conclusions or recommendations derived from the information, shall be
provided, upon request, to such applicant prior to final action by the
Department on the application.
State
conviction information provided by the Department of State Police regarding
employees
or prospective employees of child care facilities licensed under this Act
shall be provided to the operator of such facility, and, upon request, to
the employee or prospective employee. Any information concerning criminal
charges and the disposition of such charges obtained by the Department
shall be confidential and may not be transmitted outside the Department,
except as required herein, and may not be transmitted to anyone within the
Department except as needed for the purpose of evaluating an application or
a child care facility employee. Only information and standards which bear a
reasonable and rational relation to the performance of a child care
facility shall be used by the Department or any licensee. Any employee of
the Department of Children and Family Services, Department of 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 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 this Section.
A child care facility may hire, on a probationary basis, any employee
authorizing a criminal background investigation under this Section, pending
the result of such investigation. Employees shall be notified prior to
hiring that such employment may be terminated on the basis of criminal
background information obtained by the facility.
(Source: P.A. 93‑418, eff. 1‑1‑04.)
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(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;
(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;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(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 or | ||
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(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 | ||
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(b‑1) In addition to the other provisions of this Section, beginning
January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a license from
the
Department 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:
(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 gross neglect of a long term care | ||
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(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 | ||
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(6) Disarming a police officer.
(7) Obstructing justice.
(8) Concealing or aiding a fugitive.
(9) Armed violence.
(10) Felony contributing to the criminal delinquency | ||
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(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 | ||
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(6) Calculated criminal cannabis conspiracy.
(7) Unauthorized manufacture or delivery of | ||
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(8) Controlled substance trafficking.
(9) Manufacture, distribution, or advertisement of | ||
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(10) Calculated criminal drug conspiracy.
(11) Street gang criminal drug conspiracy.
(12) Permitting unlawful use of a building.
(13) Delivery of controlled, counterfeit, or | ||
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(14) Using, engaging, or employing persons under 18 | ||
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(15) Delivery of controlled substances.
(16) Sale or delivery of drug paraphernalia.
(17) Felony possession, sale, or exchange of | ||
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(18) Felony possession of a controlled substance.
(19) Any violation of the Methamphetamine Control | ||
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(b‑2) For child care facilities other than foster family homes,
the Department may 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 who was convicted of an offense described in subsection (b‑1),
provided that all of the following requirements are met:
(1) The relevant criminal offense occurred more than | ||
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(2) The Department must conduct a background check | ||
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(3) The applicant meets all other requirements and | ||
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(c) In addition to the other provisions of this Section, 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 Cannabis
Control Act, the Methamphetamine Control and Community Protection Act, and the Illinois Controlled Substances Act:
(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 gross neglect of a long term care | ||
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(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 | ||
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(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive incendiary | ||
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(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 | ||
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(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal delinquency | ||
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(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 | ||
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(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of | ||
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(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of | ||
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(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or | ||
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(49) Using, engaging, or employing persons under 18 | ||
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(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of | ||
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(53) Any violation of the Methamphetamine Control and | ||
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(d) Notwithstanding subsection (c), the Department may 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 subsection (c), provided all of the following requirements are
met:
(1) The relevant criminal offense or offenses | ||
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(2) The applicant had previously disclosed the | ||
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(3) After the disclosure, the Department either | ||
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(4) During the background check, the Department had | ||
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(5) The applicant meets all other requirements and | ||
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(6) The applicant has a history of providing a safe, | ||
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(Source: P.A. 93‑151, eff. 7‑10‑03; 94‑556, eff. 9‑11‑05.)
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(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
Sec. 4.3.
Child Abuse and Neglect Reports.
All child care facility
license applicants and all current and prospective employees of a child
care facility who have any possible contact with children in the course of
their duties, as a condition of such licensure or employment, shall
authorize in writing on a form prescribed by the Department an
investigation of the Central Register, as defined in the Abused and
Neglected Child Reporting Act, to ascertain if such applicant or employee
has been determined to be a perpetrator in an indicated report of child
abuse or neglect.
All child care facilities as a condition of licensure pursuant to this
Act shall maintain such information which demonstrates that all current
employees and other applicants for employment who have any possible contact
with children in the course of their duties have authorized an
investigation of the Central Register as hereinabove required.
Only those current or prospective employees who will have no possible
contact with children as part of their present or prospective employment
may be excluded from provisions requiring authorization of an investigation.
Such information concerning a license applicant, employee or prospective
employee obtained by the Department shall be confidential and
exempt from public inspection and copying as provided under Section 7 of
The Freedom of Information Act, and such information shall not be
transmitted outside the Department, except as provided in the Abused and
Neglected Child Reporting Act, and shall not be transmitted to anyone
within the Department except as provided in the Abused and Neglected Child
Reporting Act, and shall not be transmitted to anyone within the Department
except as needed for the purposes of evaluation of an application for
licensure or for consideration by a child care facility of an employee. Any
employee of the Department of Children and Family Services under
this Section who gives or causes to be given any confidential information
concerning any child abuse or neglect reports about a child care facility
applicant, child care facility employee, shall be guilty of a Class A
misdemeanor, unless release of such information is authorized by Section
11.1 of the Abused and Neglected Child Reporting Act.
Additionally, any licensee who is informed by the Department of Children
and Family Services, pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act, approved June 26, 1975, as amended, that a formal
investigation has commenced relating to an employee of the child care
facility or any other person in frequent contact with children at the
facility, shall take reasonable action necessary to insure that the
employee or other person is restricted during the pendency of the
investigation from contact with children whose care has been entrusted
to the facility.
When a foster family home is the
subject
of an indicated report under the Abused and Neglected Child Reporting Act, the
Department of Children and Family Services must immediately conduct a
re‑examination of the foster family
home to
evaluate whether it continues to meet the minimum standards for licensure. The
re‑examination is separate and apart from the formal investigation of the
report.
The
Department must establish a schedule for re‑examination of the foster family
home
mentioned in the report at least once a year.
(Source: P.A. 91‑557, eff. 1‑1‑00.)
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(225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
Sec. 4.4.
For the purposes of background investigations authorized in
this Act, "license applicant" means the operator or person with direct
responsibility for daily operation of the facility to be licensed. In the
case of facilities to be operated in a family home, the Department may, by
rule, require that other adult residents of that home also authorize such
investigations.
(Source: P.A. 84‑158.)
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(225 ILCS 10/4.5)
Sec. 4.5.
Children with disabilities; training.
(a) An owner or operator of a licensed day care home or group day care home
or the onsite executive director of a licensed day care center must
successfully complete a basic training course in providing care to children
with disabilities. The basic training course will also be made available on a
voluntary basis to those providers who are exempt from the licensure
requirements of this Act.
(b) The Department of Children and Family Services shall promulgate rules
establishing the requirements for basic training in providing care to children
with disabilities.
(Source: P.A. 92‑164, eff. 1‑1‑02.)
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(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5.
(a) In respect to child care institutions, maternity
centers, child welfare agencies, day care centers, day care agencies
and group homes, the Department, upon receiving application filed in
proper order, shall examine the facilities and persons responsible for
care of children therein.
(b) In respect to foster family and day care homes, applications
may be filed on behalf of such homes by a licensed child welfare agency,
by a State agency authorized to place children in foster care or by
out‑of‑State agencies approved by the Department to place children in
this State. In respect to day care homes, applications may be filed on
behalf of such homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the applicant
agency, such agency shall certify that the home and persons responsible
for care of unrelated children therein, or the home and relatives responsible
for the care of related children therein, were found to be in reasonable
compliance with standards prescribed by the Department for the type of
care indicated.
(c) The Department shall not allow any person to examine facilities
under a provision of this Act who has not passed an examination
demonstrating that such person is familiar with this Act and with the
appropriate standards and regulations of the Department.
(d) With the exception of day care centers, day care homes, and group day
care homes, licenses shall be issued in such form and manner as prescribed
by the Department and are valid for 4 years from the date issued,
unless
revoked by the Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and group day care
homes
shall be valid for 3 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee. When
a licensee has made timely and sufficient application for the renewal of
a license or a new license with reference to any activity of a continuing
nature, the existing license shall continue in full force and effect for
up to 30 days until the final agency decision on the application has been
made. The Department may further extend the period in which such decision
must be made in individual cases for up to 30 days, but such extensions
shall be only upon good cause shown.
(e) The Department may issue one 6‑month permit to a newly
established facility for child care to allow that facility reasonable
time to become eligible for a full license. If the facility for child care
is a foster family home, or day care home the Department may issue one
2‑month permit only.
(f) The Department may issue an emergency permit to a child care
facility taking in children as a result of the temporary closure for
more than 2 weeks of a licensed child care facility due to a
natural disaster. An emergency permit under this subsection shall be
issued to a facility only if the persons providing child care services at
the facility were employees of the temporarily closed day care center at the
time it was closed. No investigation of an employee of a child care facility
receiving an emergency permit under this subsection shall be required if that
employee has previously been investigated at another child care facility. No
emergency permit issued under this subsection shall be valid for more than 90
days after the date of issuance.
(g) During the hours of operation of any licensed child care
facility, authorized representatives of the Department may without
notice visit the facility for the purpose of determining its continuing
compliance with this Act or regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care homes shall be
monitored at least annually by a licensing representative from the Department
or the agency that recommended licensure.
(Source: P.A. 89‑21, eff. 7‑1‑95; 89‑263, eff. 8‑10‑95; 89‑626, eff.
8‑9‑96.)
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3. demonstrates physical fitness to operate vehicles | ||
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4. has not been convicted of more than 2 offenses | ||
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5. has not been convicted of reckless driving or | ||
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6. has signed and submitted a written statement | ||
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However, such day care centers, group homes and child care institutions
may provide for transportation of a child or children for special outings,
functions or purposes that are not scheduled on a regular basis without
verification that drivers for such purposes meet the requirements of this
Section.
(a‑5) As a means of ensuring compliance with the requirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every individual who is employed at a group home or child care institution meets those requirements. For every individual employed at a group home or child care institution who regularly transports children in the course of performing his or her duties, the Department must make the verification every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under subsection (a). In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State before the individual operates a motor vehicle to transport a child or children under the circumstances described in subsection (a). In the case of an individual employed at a group home or child care institution who is subject to subsection (a) on the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State within 30 days after that effective date. If the Department discovers that an individual fails to meet the requirements set forth in subsection (a), the Department shall promptly notify the appropriate group home or child care institution.
(b) Any individual who holds a valid Illinois school bus driver permit
issued by the Secretary of State
pursuant to The Illinois
Vehicle Code, and who is currently employed by a school district or parochial
school, or by a contractor with a school district or parochial school, to
drive a school bus transporting children to and from school,
shall be deemed in compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act, revoke the
license of any day care center, group home or child care institution that
fails to meet the requirements of this Section.
(d) A group home or child care institution that
fails to meet the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense.
(Source: P.A. 94‑943, eff. 1‑1‑07.)
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(225 ILCS 10/5.2)
Sec. 5.2. Unsafe children's products.
(a) A child care facility may not use or have on the premises, on or after
July 1, 2000, an unsafe children's product as described in Section 15 of the
Children's Product Safety Act. This subsection (a) does not apply to an
antique or collectible children's product if it is not used by, or accessible
to, any child in the child care facility.
(b) The Department of Children and Family Services shall notify child
care facilities, on an ongoing basis, including during the license application facility examination and during annual license monitoring visits, of the provisions of this Section and the
Children's Product Safety Act and of the comprehensive list of unsafe children's products as provided and maintained by the Department of Public Health available on the Internet, as determined
in accordance with that Act, in plain, non‑technical language that will enable
each child care facility to effectively inspect children's products and
identify unsafe children's products. The Department of Children and Family Services must make the comprehensive list available to those facilities that do not have Internet access. Child care facilities must maintain all written information provided pursuant to this subsection in a file accessible to both facility staff and parents of children attending the facility. Child care facilities must post in prominent locations regularly visited by parents written notification of the existence of the comprehensive list of unsafe children's products available on the Internet. The Department of Children and Family
Services shall adopt rules to carry out this Section.
(Source: P.A. 93‑805, eff. 7‑24‑04.)
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(225 ILCS 10/5.3)
Sec. 5.3.
Lunches in day care homes.
In order to increase the
affordability and availability of day care, a day care home licensed under this
Act may allow any
child it receives to bring his or her lunch for consumption instead of or in
addition to the lunch provided by the day care home.
(Source: P.A. 90‑242, eff. 1‑1‑98.)
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(225 ILCS 10/5.5)
Sec. 5.5.
Smoking in day care facilities.
(a) The General Assembly finds and declares that:
(1) The U.S. government has determined that | ||
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(2) The U.S. Environmental Protection Agency | ||
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(3) According to U.S. government figures, secondhand | ||
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(4) Cigarette smoke is a special risk to children, | ||
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(5) The health of the children of this State should | ||
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(b) Beginning January 1, 1994, it is a violation of this Act for any
person, on any day when the center is in operation, to smoke tobacco in any
area of a day care center in which children are allowed, regardless of
whether or not any children are present at that moment.
(c) Beginning January 1, 1994, it is a violation of this Act for any person
to smoke tobacco in any area of a day care home or group day care home in which
day care services are being provided to children, while those children are
present. This subsection does not prohibit smoking in the home in the presence
of a person's own children or of children to whom day care services are not
then being provided.
(d) It is a violation of this Act for any person responsible for the
operation of a day care center, day care home, or group day care home to
knowingly allow or encourage any violation of subsection (b) or (c) of this
Section.
(Source: P.A. 88‑95.)
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(225 ILCS 10/6) (from Ch. 23, par. 2216)
Sec. 6.
(a) A licensed facility operating as a "child care institution",
"maternity center", "child welfare agency", "day care agency" or "day care
center" must apply for renewal of its license held, the application to be
made to the Department on forms prescribed by it.
(b) The Department, a duly licensed child welfare agency or a suitable
agency or person designated by the Department as its agent to do so, must
re‑examine every child care facility for renewal of license, including in
that process the examination of the premises and records of the facility as
the Department considers necessary to determine that minimum standards for
licensing continue to be met, and random surveys of parents or legal
guardians who are consumers of such facilities' services to assess the
quality of care at such facilities. In the case of foster family homes,
or day care homes under the supervision of or otherwise required to
be licensed by the Department, or under supervision of a licensed child
welfare agency or day care agency, the examination shall be made by the
Department, or agency supervising such homes. If the Department is
satisfied that the facility continues to maintain minimum standards which it
prescribes and publishes, it shall renew the license to operate the facility.
(c) If a child care facility's license is revoked, or if the
Department refuses to renew a facility's license, the facility may not
reapply for a license before the expiration of 12 months following the
Department's action; provided, however, that the denial of a reapplication
for a license pursuant to this subsection must be supported by evidence
that the prior revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the Department pursuant
to this Act or maintaining a facility which adheres to such standards and
rules.
(Source: P.A. 86‑554.)
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(2) The character, suitability and qualifications of | ||
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(3) The general financial ability and competence of | ||
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(4) The number of individuals or staff required to | ||
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(5) The appropriateness, safety, cleanliness and | ||
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(6) Provisions for food, clothing, educational | ||
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(7) Provisions to safeguard the legal rights of | ||
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(8) Maintenance of records pertaining to the | ||
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(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular | ||
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(12) Provisions prohibiting firearms on day care | ||
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(13) Provisions prohibiting handguns on day care | ||
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(14) Provisions requiring that any firearm permitted | ||
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(15) Provisions requiring notification of parents or | ||
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(b) If, in a facility for general child care, there are children
diagnosed as mentally ill, mentally retarded or physically handicapped, who
are determined to be in need of special mental treatment or of nursing
care, or both mental treatment and nursing care, the Department shall seek
the advice and recommendation of the Department of Human Services,
the Department of Public Health, or both
Departments regarding the residential treatment and nursing care provided
by the institution.
(c) The Department shall investigate any person applying to be
licensed as a foster parent to determine whether there is any evidence of
current drug or alcohol abuse in the prospective foster family. The
Department shall not license a person as a foster parent if drug or alcohol
abuse has been identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a foster parent
license to an applicant identified with an alcohol or drug problem if the
applicant has successfully participated in an alcohol or drug treatment
program, self‑help group, or other suitable activities.
(d) The Department, in applying standards prescribed and published, as
herein provided, shall offer consultation through employed staff or other
qualified persons to assist applicants and licensees in meeting and
maintaining minimum requirements for a license and to help them otherwise
to achieve programs of excellence related to the care of children served.
Such consultation shall include providing information concerning education
and training in early childhood development to providers of day care home
services. The Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each licensee or
holder of a permit shall distribute copies of the appropriate licensing
standards and any other information required by the Department to child
care facilities under its supervision. Each licensee or holder of a permit
shall maintain appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of the facility
and subject to inspection by authorized representatives of the Department.
(f) The Department shall prepare summaries of day care licensing
standards. Each licensee or holder of a permit for a day care facility
shall distribute a copy of the appropriate summary and any other
information required by the Department, to the legal guardian of each child
cared for in that facility at the time when the child is enrolled or
initially placed in the facility. The licensee or holder of a permit for a
day care facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation shall be a
part of the records of the facility and subject to inspection by an
authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards applicable
to such person's facility. Each licensee or holder of a permit shall make
available by posting at all times in a common or otherwise accessible area
a complete and current set of licensing standards in order that all
employees of the facility may have unrestricted access to such standards.
All employees of the facility shall have reviewed the standards and any
subsequent changes. Each licensee or holder of a permit shall maintain
appropriate documentation of the current review of licensing standards by
all employees. Such records shall be part of the records of the facility
and subject to inspection by authorized representatives of the Department.
(h) Any standards involving physical examinations, immunization,
or medical treatment shall include appropriate exemptions for children
whose parents object thereto on the grounds that they conflict with the
tenets and practices of a recognized church or religious organization, of
which the parent is an adherent or member, and for children who should not
be subjected to immunization for clinical reasons.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
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(225 ILCS 10/7.1) (from Ch. 23, par. 2217.1)
Sec. 7.1.
(a) (1) A facility described in Section 2.09, 2.10, or 2.18
shall retain on file a list provided by the legal guardian of each child
under its care, designating persons to whom it may release custody of such
child, including:
(A) a primary list containing the names of persons to whom the facility
can expect to usually release custody of the child, and
(B) a contingency list containing the names of persons to whom the facility
can expect to occasionally release custody of the child, and
setting forth the manner in which such child may leave the facility in
the custody of any such person.
(2) No such facility shall release custody of any child under its care
in any manner not authorized by the child's guardian, or to any person who
is not known to the operators of the facility as, or cannot present sufficient
identification proving himself to be, an individual listed by the child's
guardian as one to whom custody of the child may be released.
(b) Each such facility shall keep a daily departure record for each child
under its care who leaves the facility with a person included on the
contingency list, and record thereon the times the child leaves the facility, the manner
of departure and the persons with whom such child leaves.
(Source: P.A. 84‑1358.)
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(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
Sec. 7.2.
Employer discrimination.
(a) For purposes of this Section,
"employer" means a licensee or holder of a permit subject to this Act.
"Employee" means an employee of such an employer.
(b) No employer shall discharge, demote or suspend, or threaten to
discharge, demote or suspend, or in any manner discriminate against any
employee who:
(1) Makes any good faith oral or written complaint of any employer's
violation of any licensing or other laws (including but not limited to laws
concerning child abuse or the transportation of children) which may result
in closure of the facility pursuant to Section 11.2 of this Act to the
Department or other agency having statutory responsibility for the
enforcement of such laws or to the employer or representative of the employer;
(2) Institutes or causes to be instituted against any employer any
proceeding concerning the violation of any licensing or other laws,
including a proceeding to revoke or to refuse to renew a license under
Section 9 of this Act;
(3) Is or will be a witness or testify in any proceeding concerning the
violation of any licensing or other laws, including a proceeding to revoke
or to refuse to renew a license under Section 9 of this Act; or
(4) Refuses to perform work in violation of a licensing or other law or
regulation after notifying the employer of the violation.
(c)(1) A claim by an employee alleging an employer's violation of
subsection (b) of this Section shall be presented to the employer within 30
days after the date of the action complained of and shall be filed with the
Department of Labor within 60 days after the date of the action complained of.
(2) Upon receipt of the complaint, the Department of Labor shall
conduct whatever investigation it deems appropriate, and may hold a
hearing. After investigation or hearing, the Department of Labor
shall determine whether the employer has violated subsection (b) of this
Section and it shall notify the employer and the employee of
its determination.
(3) If the Department of Labor determines that the employer has
violated subsection (b) of this Section, and the employer refuses to take
remedial action to comply with the determination, the Department of Labor
shall so notify the Attorney General, who shall bring an
action against the employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief, including
rehiring and reinstatement of the employee to his or her former position
with backpay and other benefits.
(d) Except for any grievance procedure, arbitration or hearing which is
available to the employee pursuant to a collective bargaining agreement,
this Section shall be the exclusive remedy for an employee complaining of
any action described in subsection (b).
(e) Any employer who wilfully refuses to rehire, promote or otherwise
restore an employee or former employee who has been determined eligible for
rehiring or promotion as a result of any grievance procedure, arbitration
or hearing authorized by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 85‑987.)
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(225 ILCS 10/7.3)
Sec. 7.3.
Children placed by private child welfare agency.
(a) Before placing a child who is a ward of the Department in a foster
family
home, a private child welfare agency must ascertain (i) whether any other
children who
are wards of the Department have been placed in that home and (ii) whether
every such
child who has been placed in that home continues to reside in that home, unless
the child
has been transferred to another placement or is no longer a ward of the
Department. The
agency must keep a record of every other child welfare agency that has placed
such a
child in that foster family home; the record must include the name and
telephone number
of a contact person at each such agency.
(b) At least once every 30 days, a private child welfare agency that places
wards
of the Department in foster family homes must make a site visit to every such
home
where it has placed a ward. The purpose of the site visit is to verify that the
child
continues to reside in that home and to verify the child's safety and
well‑being. The agency must document the verification in
its
records. If a private child welfare agency fails to comply with the
requirements of this
subsection, the Department must suspend all payments to the agency until the
agency
complies.
(c) The Department must periodically (but no less often than once every 6
months) review the child placement records of each private child welfare agency
that
places wards of the Department.
(d) If a child placed in a foster family home is missing, the foster parent
must
promptly report that fact to the Department or to the child welfare agency that
placed the
child in the home. If the foster parent fails to make such a report, the
Department shall
put the home on hold for the placement of other children and initiate
corrective action that may include revocation of
the foster parent's license to operate the foster family home.
A foster parent who knowingly and willfully fails to report a missing foster
child under this subsection is guilty of a Class A misdemeanor.
(e) If a private child welfare agency determines that a ward of the
Department
whom it has placed in a foster family home no longer resides in that home, the
agency
must promptly report that fact to the Department. If the agency fails to make
such a
report, the Department shall
put the agency on hold for the placement of other children and initiate
corrective action that may include revocation of the agency's license.
(f) When a child is missing from a foster home, the Department or private
agency in charge of case management shall report regularly to the foster parent
concerning efforts to locate the missing child.
(g) The Department must strive to account for the status and whereabouts of
every
one of its wards who it determines is not residing in the authorized placement
in
which he or she was placed.
(Source: P.A. 93‑343, eff. 7‑24‑03.)
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(2) non‑identifying information concerning the | ||
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(3) any instance during the year in which the agency | ||
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(4) any actions related to licensure that were | ||
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(5) any pending investigations by federal or State | ||
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(6) any criminal charges, child abuse charges, | ||
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(7) any instance in the year where the agency was | ||
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(8) any instance in the year where any employee, | ||
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(9) any civil or administrative proceeding instituted | ||
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Failure to disclose information required under this Section may result in the suspension of the agency's license for a period of 90 days. Subsequent violations may result in revocation of the license.
Information disclosed in accordance with this Section | ||
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(Source: P.A. 94‑586, eff. 8‑15‑05.) |
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(2) violate any of the provisions of the license | ||
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(3) furnish or make any misleading or any false | ||
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(4) refuse to submit to the Department any reports or | ||
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(5) fail or refuse to submit to an investigation by | ||
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(6) fail or refuse to admit authorized | ||
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(7) fail to provide, maintain, equip and keep in safe | ||
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(8) refuse to display its license or permit;
(9) be the subject of an indicated report under | ||
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(10) fail to comply with the provisions of Section | ||
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(11) fail to exercise reasonable care in the hiring, | ||
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(12) fail to report suspected abuse or neglect of | ||
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(13) fail to comply with Section 5.1 or 5.2 of this | ||
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(14) be identified in an investigation by the | ||
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(Source: P.A. 94‑586, eff. 8‑15‑05.)
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(225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
Sec. 8.1.
The Department shall revoke or refuse to renew the license of
any child care facility or refuse to issue a full license to the holder
of a permit should the licensee or holder of a permit:
(1) fail to correct any condition which jeopardizes the health, safety,
morals, or welfare of children served by the facility;
(2) fail to correct any condition or occurrence
relating to the operation
or maintenance of the facility comprising a violation under Section 8 of this Act; or
(3) fail to maintain financial resources adequate for the satisfactory
care of children served in regard to upkeep of premises, and provisions
for personal care, medical services, clothing, education and other essentials
in the proper care, rearing and training of children.
(Source: P.A. 83‑1362.)
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(225 ILCS 10/8.2) (from Ch. 23, par. 2218.2)
Sec. 8.2.
The Department may issue a conditional license to any child
care facility which currently is licensed under this Act. The conditional
license shall be a nonrenewable license for a period of 6 months and the
Department shall revoke any other license held by the conditionally
licensed facility. Conditional licenses shall
only be granted to facilities where no threat to the health, safety, morals
or welfare of the children served exists. A complete listing of
deficiencies and a corrective plan approved by the Department shall be in
existence at the time a conditional license is issued. Failure by the
facility to correct the deficiencies or meet all licensing standards at the
end of the conditional license period
shall result in immediate revocation of or refusal to renew the facility's
license as provided in Section 8.1 of this Act.
(Source: P.A. 85‑216.)
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(225 ILCS 10/9) (from Ch. 23, par. 2219)
Sec. 9.
Prior to revocation or refusal to renew a license, the Department shall
notify the licensee by registered mail with postage prepaid, at the address
specified on the license, or at the address of the ranking or presiding
officer of a board of directors, or any equivalent body conducting a child
care facility, of the contemplated action and that the licensee may, within
10 days of such notification, dating from the postmark of the registered
mail, request in writing a public hearing before the Department, and, at
the same time, may request a written statement of charges from the
Department.
(a) Upon written request by the licensee, the Department shall furnish
such written statement of charges, and, at the same time, shall set the
date and place for the hearing. The charges and notice of the hearing shall
be delivered by registered mail with postage prepaid, and the hearing must
be held within 30 days, dating from the date of the postmark of the
registered mail, except that notification must be made at least 15 days in
advance of the date set for the hearing.
(b) If no request for a hearing is made within 10 days after
notification, or if the Department determines, upon holding a hearing that
the license should be revoked or renewal denied, then the license shall be
revoked or renewal denied.
(c) Upon the hearing of proceedings in which the license is revoked,
renewal of license is refused or full license is denied, the Director of
the Department, or any officer or employee duly authorized by him in
writing, may administer oaths and the Department may procure, by its
subpoena, the attendance of witnesses and the production of relevant books
and papers.
(d) At the time and place designated, the Director of the Department or
the officer or employee authorized by him in writing, shall hear the
charges, and both the Department and the licensee shall be allowed to
present in person or by counsel such statements, testimony and evidence as
may be pertinent to the charges or to the defense thereto. The hearing
officer may continue such hearing from time to time, but not to exceed a
single period of 30 days, unless special extenuating circumstances make
further continuance feasible.
(Source: P.A. 83‑1362.)
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(225 ILCS 10/9.1) (from Ch. 23, par. 2219.1)
Sec. 9.1.
Before the Department initiates a full‑scale investigation
of any complaint received regarding a child care facility the Department
may, when appropriate, provide procedures for the substantiation of the
complaint.
(Source: P.A. 87‑265.)
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(225 ILCS 10/9.2)
Sec. 9.2.
Toll free number; day care information.
The Department of
Children and Family Services shall establish and maintain a statewide toll‑free
telephone number that all persons may use to inquire about the past history and
record of a day care facility operating in this State. The past history and
record shall include, but shall not be limited to, Department substantiated
complaints against a day care facility and Department staff findings of
license violations by a day care facility. Information disclosed in
accordance with this Section shall be subject to the confidentiality
requirements provided in this Act.
(Source: P.A. 90‑671, eff. 1‑1‑99.)
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(225 ILCS 10/10) (from Ch. 23, par. 2220)
Sec. 10.
Any circuit court, upon application either of
the person requesting a hearing or of the Department, may require the attendance of
witnesses and the production of relevant books and papers before the
Department in any hearing relating to the refusal or revocation of
licenses. The refusal or neglect to obey the order of the court compelling
the attendance or production, is punishable as in other cases of contempt.
(Source: P.A. 83‑334.)
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(225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)
Sec. 11.2.
Whenever the Department expressly finds that the continued
operation of a child care facility, including such facilities defined in
Section 2.10 and unlicensed facilities, jeopardizes the health, safety,
morals, or welfare of children served by the facility, the Department shall
issue an order of closure directing that the operation of the facility
terminate immediately, and, if applicable, shall initiate revocation
proceedings under Section 9 within ten working days. A facility closed
under this Section may not operate during the pendency of any proceeding
for the judicial review of the decision of the Department to issue an order of
closure or to revoke or refuse to renew the license, except under court order.
(Source: P.A. 85‑216.)
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(225 ILCS 10/13) (from Ch. 23, par. 2223)
Sec. 13.
Whenever a child is placed in or with a child care institution or in or
with a child welfare agency, the placement shall, whenever practicable, be
to, with or in the custody of a child care facility as is under the control
of persons of the same religious faith as that of the child. Whenever a
child is placed in a group care home or in a foster family home, the
placement must, if practicable, be made with a person or persons of the
same religious faith as that of the child.
(Source: P. A. 76‑63.)
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(2) Any earnings, if applicable, or compensation paid | ||
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(3) Persons providing adoption services for a child | ||
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(b) The Department may adopt rules setting forth the | ||
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(c) This Section does not apply to international adoption | ||
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(d) Eligible agencies may be deemed compliant with this | ||
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(Source: P.A. 94‑586, eff. 8‑15‑05.) |
(225 ILCS 10/15) (from Ch. 23, par. 2225)
Sec. 15.
Every child care facility must keep and maintain such records as the
Department may prescribe pertaining to the admission, progress, health and
discharge of children under the care of the facility and shall report
relative thereto to the Department whenever called for, upon forms
prescribed by the Department. All records regarding children and all facts
learned about children and their relatives must be kept confidential both
by the child care facility and by the Department.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(Source: P.A. 87‑928.)
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(225 ILCS 10/16) (from Ch. 23, par. 2226)
Sec. 16.
(a) Any child care facility receiving a child for care or supervision
from a foreign state or country shall report that child to the Department
in the same manner as is required for reporting other children.
(b) A person, agency or organization, other than a licensed child care
institution or child welfare agency, may not receive a foreign child
without prior notice to and approval of the Department.
(c) In all instances the Department may require a guaranty that a child
accepted for care or supervision from a foreign state or country will not
become a public charge upon the State of Illinois.
(d) Reports to the Department must be made, as required.
(e) The Department may enter into agreements with public or voluntary
social agencies headquartered in states adjacent to the State of Illinois,
regarding the placement of children in licensed foster family homes within
the boundaries of Illinois, if the agencies meet the standards and criteria
required for license as a child welfare agency in Illinois. The agreements
may allow foreign agencies to place and supervise children for whom they
have responsibility within the State of Illinois, without regard to
paragraph (a) of this Section. These agreements must, however, include a
requirement that the agencies cooperate fully with the Department in its
inquiry or investigation into the activities and standards of those
agencies, and provide that the Department may, at any time upon 15 days
written notice to an agency by registered mail, void the agreement and
require the observance of paragraph (a) of this Section.
(Source: P. A. 76‑63.)
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(225 ILCS 10/17) (from Ch. 23, par. 2227)
Sec. 17.
The Administrative Review Law and the rules adopted pursuant
thereto, applies to and governs all proceedings for the judicial review of final
administrative decisions of the Department. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(225 ILCS 10/18) (from Ch. 23, par. 2228)
Sec. 18.
Any person, group of persons, association or corporation who
(1) conducts, operates or acts as a child care facility without a
license or permit to do so in violation of Section 3 of this Act;
(2) makes materially false statements in order to obtain a license or
permit;
(3) fails to keep the records and make the reports provided under this
Act;
(4) advertises any service not authorized by license or permit held;
(5) publishes any advertisement in violation of this Act;
(6) receives within this State any child in violation of Section 16 of
this Act; or
(7) violates any other provision of this Act or any reasonable rule or
regulation adopted and published by the Department for the enforcement of
the provisions of this Act, is guilty of a Class A misdemeanor and in case
of an association or corporation, imprisonment may be imposed upon its
officers who knowingly participated in the violation.
Any child care facility that continues to operate after its license is
revoked under Section 8 of this Act or after its license expires and the
Department refused to renew the license as provided in Section 8 of this
Act is guilty of a business offense and shall be fined an amount in excess
of $500 but not exceeding $10,000, and each day of violation is a separate offense.
In a prosecution under this Act, a defendant who relies upon the
relationship of any child to himself has the burden of proof as to that
relationship.
(Source: P.A. 83‑1362.)
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(225 ILCS 10/19) (from Ch. 23, par. 2229)
Sec. 19.
Any license issued under the "Child Care Act", approved July 10, 1957,
as amended, remains valid until its expiration date or until revoked by the
Department under this Act.
(Source: P. A. 76‑63.)
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(225 ILCS 10/20) (from Ch. 23, par. 2230)
Sec. 20.
Should any Section, subdivision, clause, phrase or provision of this Act
be held unconstitutional or invalid for any reason whatsoever, that holding
shall not affect the validity of the remaining portions of this Act.
(Source: P. A. 76‑63.)
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