Section 2007.9 Characteristics and Qualifications of the Day Care Family

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 2007.9 CHARACTERISTICS AND QUALIFICATIONS OF THE DAY CARE FAMILY

Section 2007.9

Characteristics and Qualifications of the Day Care Family

a)         No individual may receive a license from the Department when

the applicant, a member of the household age 13 and over, or any individual who

has access to the children cared for in a day care home, or any employee of the

day care home, has not authorized the background check required by 23 Ill. Adm.

Code 2010 (Background Checks) and been cleared in accordance with the

requirements of Part 2010.

b)         Employees subject to background checks may begin employment on

a conditional basis while awaiting the results of the background check.  The

employees may not be alone with children until the results of the initial

background check have been received.

c)         Persons who have been the perpetrator of certain types of

child abuse or neglect or who have committed or attempted to commit certain

crimes may not be licensed to operate a day care home, be a member of the

household of a family home in which a day care home operates, or be an employee

or volunteer in a day care home.  These allegations/criminal convictions are listed

in Appendix C of this Part.

d)         Day care homes shall be responsible for ensuring that persons

subject to criminal background checks make themselves available for

fingerprinting when scheduled by the Department or its authorized

representatives.  Failure of a person subject to criminal background checks to

appear for scheduled fingerprinting may result in the denial of a license

application or refusal to renew or revocation of an existing license unless the

child care facility can demonstrate that it took reasonable measures to insure

cooperation with the fingerprinting process

led by the Department or its authorized

representatives.  Failure of a person subject to criminal background checks to

appear for scheduled fingerprinting may result in the denial of a license

application or refusal to renew or revocation of an existing license unless the

child care facility can demonstrate that it took reasonable measures to insure

cooperation with the fingerprinting process.  Adequate cause for failure to

appear for fingerprinting includes, but is not limited to:

1)         death in the family of the person;

2)         serious illness of the person or illness in the person's

immediate family; or

3)         weather or transportation emergencies.

e)         As a condition of licensure, each licensee or license

applicant must

certify under penalty of perjury that he or she is current or

not more than 30 days delinquent in complying with a child support order.

Failure to so certify may result in a denial of the license application,

refusal to renew the license, or revocation of the license.

(Section

10-65(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-65(c)])

f)         If the licensees or license applicants acknowledge that they

are more than 30 days delinquent in complying with an order for child support

or, upon completion of the background check, the licensees or license

applicants are found to be delinquent despite their certification, the

Department shall deny the application for license, refuse to renew the license,

or revoke the license unless the licensees or license applicants arrange for

payment of past due and current child support and pay child support in

accordance with that agreement.

g)         Members of the household who have contact with the children in

care shall treat them with respect, courtesy, and patience.

h)         The caregiver is responsible for the day-to-day operation of

the day care home in accordance with the standards prescribed in this Part

arrange for

payment of past due and current child support and pay child support in

accordance with that agreement.

g)         Members of the household who have contact with the children in

care shall treat them with respect, courtesy, and patience.

h)         The caregiver is responsible for the day-to-day operation of

the day care home in accordance with the standards prescribed in this Part.

i)          The licensee shall be present in the home when day care

children are in attendance unless a qualified substitute caregiver per Section 2007.11

is present.

j)          The licensee and other adult members of the household in

contact with day care children shall be stable, law abiding, responsible,

mature individuals.

k)         The caregivers in a day care home shall be at least 18 years

of age.

l)          Caregivers licensed after January 1, 2011 shall have proof of

a high school diploma, equivalent certificate, or degree from a regionally

accredited institution of higher education or vocational institution.

m)        The caregivers and all members of the household shall provide

medical evidence as required by Section 2007.24(i) that they are free of

reportable communicable disease, and, in the case of caregivers, free of

physical or mental conditions that could interfere with the child care

responsibilities.

n)         The licensee who is the primary caregiver shall be certified

in first aid, the Heimlich maneuver and infant/child cardiopulmonary

resuscitation (CPR) by the American Red Cross, the American Heart Association

or other entity approved by the Illinois Department of Public Health.

o)         During the hours of operation of the day care home, there

shall be at least one person on the premises certified in first aid, the

Heimlich maneuver and infant/child cardiopulmonary resuscitation (CPR) by the

American Red Cross or the American Heart Association, or other entity approved

by the Illinois Department of Public Health

approved by the Illinois Department of Public Health.

o)         During the hours of operation of the day care home, there

shall be at least one person on the premises certified in first aid, the

Heimlich maneuver and infant/child cardiopulmonary resuscitation (CPR) by the

American Red Cross or the American Heart Association, or other entity approved

by the Illinois Department of Public Health.  The caregivers shall have on file

current certificates attesting to the training.

p)         The caregiver shall successfully complete a Department

approved basic training course of 6 or more clock hours in providing care to

children with disabilities.  Refer to Appendix D

for basic course

requirements.  The licensee shall have on file a certificate attesting to the

successful completion of the training.

1)         New licensee shall complete this training within 36 months

from the issue date of the initial license.

2)         A licensee who has completed training prior to November 15,

2003 may have that training approved as meeting the provisions of this Section.

A certificate of training completion and a description of the course content

must be submitted to the Department for approval.

q)         Through interaction with the licensing representative,

children, parents or guardian of children in care and operation of the day care

home in accordance with standards prescribed by this Part, caregivers shall

exhibit competence in the following specific areas:

1)         Knowledge of basic hygiene, safety, and nutrition.

2)         The ability to relate comfortably with parents and to

communicate with them on differences in caregiving methods, values, and goals.

3)         The ability to communicate with children.

4)         The ability to set realistic controls for children and to

enforce these without harshness or physical abuse.

5)         Knowledge of the child's need to explore and manipulate and

the willingness to provide and maintain a home where children can enjoy living

and learning

them on differences in caregiving methods, values, and goals.

3)         The ability to communicate with children.

4)         The ability to set realistic controls for children and to

enforce these without harshness or physical abuse.

5)         Knowledge of the child's need to explore and manipulate and

the willingness to provide and maintain a home where children can enjoy living

and learning.

6)         Using developmentally appropriate behavior management

techniques that do not constitute corporal punishment of children.

r)          The caregivers may not work or be employed outside the home

during the hours the day care home is licensed.  Outside employment during

hours that child care is not being provided shall not interfere with child

care.

s)         The caregiver shall be awake, alert, and able to supervise the

children when providing care, except as allowed by Section 2007.23(h).

t)          The caregivers shall complete 15 clock hours of in-service

training per licensing year in accordance with the requirements in Appendix D.

1)         The training may be derived from programs offered by any of

the entities identified in Appendix D.

2)         Courses or workshops to meet this requirement include, but are

not limited to, those listed in Appendix D.

3)         The records of the day care home shall document the training

in which the caregiver has participated, and these records shall be available

for review by the Department.

4)         Caregivers obtaining clock hours in excess of the required 15

clock hours per year may apply up to 5 clock hours to the next year's training

requirements.

5)         Licensees

shall submit to the local licensing office a certificate of completion of lead

safety training consisting of instruction in the following topics:

A)        Mitigation

plan strategies for test results of 2.01 ppb or above; and

B)        Impact of lead exposure

ss of the required 15

clock hours per year may apply up to 5 clock hours to the next year's training

requirements.

5)         Licensees

shall submit to the local licensing office a certificate of completion of lead

safety training consisting of instruction in the following topics:

A)        Mitigation

plan strategies for test results of 2.01 ppb or above; and

B)        Impact of lead exposure.

u)         Licensees or applicants shall not provide false or misleading

information regarding their compliance with the applicable regulations.

(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)