Section 2007.2 Definitions

Section 406

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER XI: DEPARTMENT OF EARLY CHILDHOOD

PART 2007 LICENSING STANDARDS FOR DAY CARE HOMES

SECTION 2007.2 DEFINITIONS

Section 2007.2  Definitions

"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.

"Adult"

means any person who is 18 years of age or older.

"Applicant"

means a person living in the residence to be licensed who will be the primary

caregiver in the day care home.

"Approved

smoke detector" or "detector" means a smoke detector of the

ionization or photoelectric type which complies with all

the

requirements

of the

rules

and regulations of the

Illinois

State

Fire Marshal.

(Section 2 of the Facilities Requiring Smoke Detectors Act

[425 ILCS 10])

"Assistant"

or "child care assistant" means a person (whether a volunteer or an

employee) who assists a licensed home caregiver in the operation of the day

care home.

"Attendance"

means the total number of children under the age of 12 present at any one time.

"Authorized

representative of the Department" means the licensing representative or

any person acting on behalf of the Director of the Department

or "child care assistant" means a person (whether a volunteer or an

employee) who assists a licensed home caregiver in the operation of the day

care home.

"Attendance"

means the total number of children under the age of 12 present at any one time.

"Authorized

representative of the Department" means the licensing representative or

any person acting on behalf of the Director of the Department.

"Background

check" means:

a criminal

history check via fingerprints of persons age 18 and over that are submitted to

the Illinois State Police and the Federal Bureau of Investigation (FBI) for

comparison to their criminal history records, as appropriate; and

a check of the

Statewide Automated Child Welfare Information System (SACWIS) 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.

"Basement"

means the story below the street floor where occupants must traverse a full set

of stairs, 8 or more risers, to access the street floor.

"Behavior

Support Plan" means a written, planned and culturally and linguistically

appropriate schedule of action agreed upon by the program staff,

parents/guardians, and qualified professional resources assigned:

to assist a

child, a family, caregivers, programs or teachers, and directors on how the

program reflects on and modifies the program, classroom, and learning

environment practices; and

to address the

identification of serious and repeated patterns of challenging behavior.

The behavior

support plan must be fully implemented before initiating the program transition

plan.

"CANTS"

means the Child Abuse and Neglect Tracking System operated and maintained by

the Department.  This system is being replaced by the Statewide Automated Child

Welfare Information System (SACWIS).

"Caregiver"

means the individual directly responsible for child care

of challenging behavior.

The behavior

support plan must be fully implemented before initiating the program transition

plan.

"CANTS"

means the Child Abuse and Neglect Tracking System operated and maintained by

the Department.  This system is being replaced by the Statewide Automated Child

Welfare Information System (SACWIS).

"Caregiver"

means the individual directly responsible for child care.

"Challenging behavior"

means any serious and repeated pattern of behavior, or perception of behavior,

that interferes with a child's ability to engage in developmentally appropriate

self-regulation and cognitive and prosocial engagement with peers or adults.

"Children

with special needs" means children who exhibit one or more of the

following characteristics, confirmed by clinical evaluation:

Visual

impairment:  the child's visual impairment is such that development to full

potential without special services cannot be achieved.

Hearing

impairment:  the child's residual hearing is not sufficient to enable him or

her to understand the spoken word and to develop language, thus causing extreme

deprivation in learning and communication, or a hearing loss is exhibited that

prevents full awareness of environmental sounds and spoken language, limiting

normal language acquisition and learning.

Physical or

health impairment:  the child exhibits a physical or health impairment that

requires adaptation of the physical plant.

Speech and/or

language impairment:  the child exhibits deviations of speech and/or language

processes that are outside the range of acceptable variation within a given

environment and prevent full social development.

Learning

disability:  the child exhibits one or more deficits in the essential processes

of perception, conceptualization, language, memory, attention, impulse control

or motor function.

Behavioral

disability:  the child exhibits an effective disability and/or maladaptive

behavior that significantly interferes with learning and/or social functioning

onment and prevent full social development.

Learning

disability:  the child exhibits one or more deficits in the essential processes

of perception, conceptualization, language, memory, attention, impulse control

or motor function.

Behavioral

disability:  the child exhibits an effective disability and/or maladaptive

behavior that significantly interferes with learning and/or social functioning.

Mental

impairment:  the child's intellectual development, mental capacity, and/or

adaptive behavior are markedly delayed.  Such mental impairment may be mild,

moderate, severe or profound.

"Consultants"

means those individuals providing technical assistance or advice regarding any

aspect of the operation of the day care home.

"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 [720 ILCS

5])

"

Corporal

punishment" means hitting, spanking, swatting, beating, shaking, pinching,

excessive exercise, exposure to extreme temperatures, and other measures that

produce physical pain.

"Cot"

means a comfortable, safe and child-sized alternative bed made of resilient,

fire retardant, sanitizable fabric that is on legs or otherwise above the floor

and can be stored to allow for air flow.

"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 maximum of 12 children

includes the family's natural

, foster,

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 [225 ILCS 10])

"Department"

means the Illinois Department of Early Childhood

imum

of 12 children for less than 24 hours per day.  The maximum of 12 children

includes the family's natural

, foster,

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 [225 ILCS 10])

"Department"

means the Illinois Department of Early Childhood.

(Section 1-15 of the Early

Childhood Act)

"Department

of Public Health" or "DPH" means the Illinois Department of

Public Health.

"Discipline"

means the process of helping children to develop inner controls so that they

can manage their own behavior in socially acceptable ways.

"Disinfect"

means to eliminate virtually all germs from inanimate surfaces through the use

of chemicals or physical agents (e.g., heat).  In the child care environment, a

solution of ¼ cup household liquid chlorine bleach added to one gallon of water

(or one tablespoon bleach to one quart water) and prepared fresh daily is an

effective disinfectant for environmental surfaces and other objects.  A weaker

solution of 1 tablespoon bleach to 1 gallon of cool water is effective for use

on toys, eating utensils, etc. Commercial products may also be used.

"Family

home" or "family residence" means the location or portion of a

location where the applicant and his or her family reside, and may include

basements and attics.  It does not include other structures that are separate

from the home but are considered part of the overall premises, such as adjacent

apartments, unattached basements in multi-unit buildings, unattached garages,

and other unattached buildings

"family residence" means the location or portion of a

location where the applicant and his or her family reside, and may include

basements and attics.  It does not include other structures that are separate

from the home but are considered part of the overall premises, such as adjacent

apartments, unattached basements in multi-unit buildings, unattached garages,

and other unattached buildings.

"Firearm"

means any device, by whatever name known, which is designed to expel a

projectile or projectiles by the action of an explosion, expansion of gas or

escape of gas; excluding, however:

any

pneumatic gun, spring gun, paint ball gun, or BB gun that expels a single

globular projectile not exceeding .18 inch in diameter or that has a maximum

muzzle velocity of less than 700 feet per second;

any

pneumatic gun, spring gun, paint ball gun, or BB gun that expels breakable

paint balls containing washable marking colors;

any device

used exclusively for signalling or safety and required or recommended by the

United States Coast Guard or the Interstate Commerce Commission;

any device

used exclusively for the firing of stud cartridges, explosive rivets or similar

industrial ammunition; and

an antique

firearm (other than a machine gun) that, although designed as a weapon, the

Department of State Police finds by reason of the date of its manufacture,

value, design, and other characteristics is primarily a collector's item and is

not likely to be used as a weapon.

[430 ILCS 65/1.1]

"Gateways

to Opportunity Registry" means a program administered by the Department of

Human Services to track and maintain education and training credentials of

primary caregivers and assistants that allows them to establish a profile in

the registry of their educational and training development.

"Ground

level" means that a child can step directly from the exit onto the ground,

a sidewalk, a patio, or any surface that is not above or below the ground.

"Guardian"

means the guardian of the person of a minor

aintain education and training credentials of

primary caregivers and assistants that allows them to establish a profile in

the registry of their educational and training development.

"Ground

level" means that a child can step directly from the exit onto the ground,

a sidewalk, a patio, or any surface that is not above or below the ground.

"Guardian"

means the guardian of the person of a minor.

(Section 2.03 of the Child

Care Act of 1969)

"Infant"

means a child through 12 months of age.

"Initial

background check" means fingerprints have been obtained for a criminal

history check, and the individual has cleared a check of the Statewide

Automated Child Welfare Information System (SACWIS)  and the Illinois Sex

Offender Registry.

"License"

means a document issued by the Department that 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)

"License

study" means the review of an application for license, on-site visits,

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.

"Licensed

capacity" means the number of children the Department has determined the

day care home can care for at any one time in addition to any children living

in the home who are under the age of 12 years.  Children age 12 and over on the

premises are not considered in determining licensed capacity.

"Licensing

representative" means a person authorized by the Department under Section

5 of the Child Care Act of 1969 to examine facilities for licensure.

"Licensing

year" often called the anniversary year, means the period of time from the

date a day care home license is issued until the same date of the following

year

over on the

premises are not considered in determining licensed capacity.

"Licensing

representative" means a person authorized by the Department under Section

5 of the Child Care Act of 1969 to examine facilities for licensure.

"Licensing

year" often called the anniversary year, means the period of time from the

date a day care home license is issued until the same date of the following

year.

"Member

of the household" means a person who resides in a family home as evidenced

by factors including, but not limited to, maintaining clothing and personal

effects at the household address, or receiving mail at the household address,

or using identification with the household address.

"Minor

traffic violation" means a traffic violation under the laws of the State

of Illinois or any municipal authority in Illinois or another state or municipal

authority that is punishable solely as a petty offense. (See Section 6-601 of

the Illinois Driver Licensing Law [625 ILCS 5/Ch. 6].)

"Mitigation"

means those activities or processes undertaken to reduce the level of lead in

water below 2.01 ppb (parts per billion).

"Mitigation

plan" means a written document prepared by a license applicant or licensee

that identifies drinking water sources that have tested at or above 2.01 ppb

for lead and the strategies and interim measures the applicant/licensee will

take to reduce the lead level to below 2.01 ppb.

"Parent"

or "Parents", as used in this Part, means those persons assuming

legal responsibility for 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 2-month period to

allow the individuals to become eligible for a license.

"Person"

means any individual, group of persons, agency, association, or organization

used in this Part, means those persons assuming

legal responsibility for 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 2-month period to

allow the individuals to become eligible for a license.

"Person"

means any individual, group of persons, agency, association, or organization.

"Persons

subject to background checks" means:

the operators of the child care facility;

all current

and conditional employees of the child care facility;

any person who

is used to replace or supplement staff; and

any person who

has access to children, as defined in this Section.

If the child

care facility operates in a family home, the license applicants 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.

"Physician"

means a person licensed to practice medicine in the State of Illinois or a

contiguous state.

"Premises"

means the location of the day care home wherein the family resides and includes

the attached yard, garage, basement and any other outbuildings.

"Preschool

age" means children under 5 years of age and children 5 years old who do

not attend full day kindergarten.

"Program"

means all activities provided for the children during their hours of attendance

in the day care home.

"Program Transition

Plan" means an individualized, written, and culturally and linguistically

appropriate plan developed by the departing and receiving early childhood

programs, detailing the individual responsibilities required to prepare for and

then execute the child's move from the current program to a more appropriate

arrangement with as little negative impact and disruption as possible

"Program Transition

Plan" means an individualized, written, and culturally and linguistically

appropriate plan developed by the departing and receiving early childhood

programs, detailing the individual responsibilities required to prepare for and

then execute the child's move from the current program to a more appropriate

arrangement with as little negative impact and disruption as possible.

"Protected

exit from a basement" means an exit that is separated from the remainder

of the day care home by barriers (such as walls, floors, or solid doors)

providing one-hour fire resistance.  The separation must be designed to limit

the spread of fire and restrict the movement of smoke.

"Qualified

professional" is an individual with a recognized title such as, but not

limited to, a child's health provider, early childhood mental health consultant,

licensed clinical social worker, speech pathologist, or behavioral therapist.

This individual should have expertise in early childhood education practices,

children's behaviors, inclusion, applied behavioral analysis, infant/early

childhood mental health, or the impact of trauma.

"Related"

means any of the following relationships by blood, marriage,

civil union,

or adoption: parent, grandparent, sibling, great-grandparent, great-uncle,

great-aunt, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,

nephew, niece, or first cousin.

(Section 2.04 of the Child Care Act of

1969])

"Repeated

pattern of challenging behavior" means behaviors that do not respond to repeated

developmentally appropriate practice interventions and result in a disrupted

learning environment for other children enrolled in the program. These

behaviors can include, but are not limited to, extreme tantrums, physical and

verbal aggression, property destruction, self-injury

, injury to others, or

withdrawal

pattern of challenging behavior" means behaviors that do not respond to repeated

developmentally appropriate practice interventions and result in a disrupted

learning environment for other children enrolled in the program. These

behaviors can include, but are not limited to, extreme tantrums, physical and

verbal aggression, property destruction, self-injury

, injury to others, or

withdrawal.

"SACWIS"

means the Statewide Automated Child Welfare Information System operated by the

Illinois Department of Children and Family Services that is replacing the Child

Abuse and Neglect Tracking System (CANTS).

"School

age" means children from 6 to 12 years of age and 5 year olds who are in

full-day kindergarten.

"Serious safety threat"

is a behavior that jeopardizes the physical safety of the child and/or his/her

classmates or staff.

"Special

use areas" means areas of the home that may not be included in the

measurements of the area used for child care. Special use areas include, but

are not limited to, laundry rooms, furnace rooms, bathrooms, hazardous areas,

and areas off-limits to children.

"Story"

means that level of a building included between the upper surface of a floor

and the upper surface of the floor or roof next above.

"Street

floor" means a story or floor level accessible from the street or from

outside a building at ground level, with the floor level at the main entrance

located not more than 4 risers above or below the ground level and arranged and

utilized to qualify as the main floor.

"Substantiated

violation" means that the licensing representative has determined, during

a licensing complaint investigation or a monitoring or renewal visit, that the

licensee has violated a licensing standard of this Part or the Child Care Act.

"Supervising

agency", as used in this Part, means a licensed child welfare agency, a

licensed day care agency, or the Department

as the main floor.

"Substantiated

violation" means that the licensing representative has determined, during

a licensing complaint investigation or a monitoring or renewal visit, that the

licensee has violated a licensing standard of this Part or the Child Care Act.

"Supervising

agency", as used in this Part, means a licensed child welfare agency, a

licensed day care agency, or the Department.

"Swimming

pool" means any natural or artificial basin of water intended for public

swimming or recreational bathing that exceeds 2'6" in depth as specified in

the Illinois Swimming Pool and Bathing Beach Code (77 Ill. Adm. Code 820).  The

term includes bathing beaches and pools at private clubs, health clubs, or

private residences when used for children enrolled in a child care facility.

"Temporary removals"

means practices that involve removing the child from regular participation in

the program as a result of a challenging behavior.  A temporary removal should

be developmentally appropriate and may only be used as a last resort if there

is a serious safety threat that cannot be reduced or eliminated by the

provision of reasonable modifications.  The program must help the child return

to full participation in a group setting as soon as safety allows.

"Wading

pool" means any natural or artificial basin of water less than 2'6"

in depth that is intended for recreational bathing, water play or similar

activity.  The term includes recessed areas less than 2'6" in depth in

swimming pools that are designated primarily for children.

"Water profile"

means a building's water heater, source of water, and water supply lines.

"Water

source" means any faucet used to obtain water for drinking or food

preparation for day care operations. Water sources include, but are not limited

to, sinks, bathtubs, hoses, drinking fountains, bubblers, and refrigerator or

freezer water or ice dispensers.

(Recodified from the

Department of Children and Family Services (89 Ill. Adm. Code 406) pursuant to

P.A

, and water supply lines.

"Water

source" means any faucet used to obtain water for drinking or food

preparation for day care operations. Water sources include, but are not limited

to, sinks, bathtubs, hoses, drinking fountains, bubblers, and refrigerator or

freezer water or ice dispensers.

(Recodified from the

Department of Children and Family Services (89 Ill. Adm. Code 406) pursuant to

P.A. 103-0594, at 50 Ill. Reg. 9917)