Section 2009.40 Background Checks

Section 408

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER XI: DEPARTMENT OF EARLY CHILDHOOD

PART 2009 LICENSING STANDARDS FOR GROUP DAY CARE HOMES

SECTION 2009.40 BACKGROUND CHECKS

Section 2009.40  Background

Checks

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 group day care home, or any employee

of the group 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.  Such

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

background check has 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 group day care home, be a member of the

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

employee or volunteer in a group day care home.  These allegations/criminal

convictions are listed in Appendix E of this Part.

d)         Group 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

representative(s).  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

d by the Department or its authorized

representative(s).  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 emergency.

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

applicant must

certify under penalty of perjury that he or she is 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 of the Illinois

Administrative Procedure Act [5 ILCS 100/10-65]

f)         If the licensee(s) or license applicant(s) acknowledge that

they are currently more than 30 days delinquent in complying with an order for

child support or, upon completion of the background check, the licensee(s) or

license applicant(s) 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 licensee(s) or license applicant(s)

arrange for payment of past due and current child support and pay child support

in accordance with that agreement.