Section 2009.5 Definitions

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 2009.5 DEFINITIONS

Section 2009.5  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.

"Accredited

college or university" means a college or university that has been

accredited by a regional or national institutional accrediting association

recognized by the U.S. Department of Education or a non-governmental

recognition counterpart.

"Adult"

means a 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 group 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 group

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

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

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

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 affective 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 affective 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.

"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.

"Department"

means the Illinois Department of Early Childhood.

(Section 1-15 of the Early

Childhood Act [325 ILCS 3])

"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)

hood Act [325 ILCS 3])

"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 of 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.

"Extended

capacity" means an addition of 4 school age children who may be accepted

in accordance with Section 2009.65(c).  This allows the maximum capacity in a

group day care home to reach 16.

"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, that 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 signaling 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 other surface that is not above or below the

ground

y 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 other surface that is not above or below the

ground.

"Group

day care home" means a family home which receives more than 3 up to

16

children for less than 24 hours per day.  The number counted includes the

family's natural

, foster,

or adopted children

and all other

persons

under the age of 12.

(Section 2.20 of the Child Care Act of

1969)

"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

group 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

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

group 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 group 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 therein 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

ee

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 of Children and Family

Services for a 6-month period to allow the individuals to become eligible for a

license.

"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 group 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 group day care home

Premises"

means the location of the group 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 group day care home.

"Program Transition

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

appropriate document developed by the departing and receiving early childhood

programs, parents or primary caregivers, and qualified professional resources

detailing tasks and 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 group 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" means 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.

"Repeated

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

developmentally appropriate practice interventions and that result in a

disrupted learning environment for other children enrolled in the program, such

as, but not limited to, extreme tantrums, physical and verbal aggression, property

destruction, self-injury, injury to others, or withdrawal

of trauma.

"Repeated

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

developmentally appropriate practice interventions and that result in a

disrupted learning environment for other children enrolled in the program, such

as, but not limited to, extreme tantrums, physical and verbal aggression, property

destruction, self-injury, injury to others, or withdrawal.

"Resource

personnel" means physicians, nurses, psychologists, social workers, speech

therapists, physical and occupational therapists, educators and other technical

and professional persons whose expertise is utilized in providing specialized

services to children with special needs.

"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 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

measurement 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

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.

"Swimming

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

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

in the Illinois Swimming Pool and Bathing Beach Act and 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

h 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.