# 77 Ill. Adm. Code 390.625: Section 390.625 Determination of Need Screening and Request for Criminal History Record Information

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_625

## Section

- **Citation:** 77 Ill. Adm. Code 390.625
- **Heading:** Section 390.625 Determination of Need Screening and Request for Criminal History Record Information
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 77 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 390 MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE / Section 390.625 Determination of Need Screening and Request for Criminal History Record Information

## Text

Section
390.625  Determination of Need Screening and Request for Criminal History
Record Information
a)
All persons age 18 or older seeking
admission to a facility must be screened to determine the need for facility
services prior to being admitted, regardless of income, assets, or funding
source
.  (Section 2-201.5(a) of the Act)  A screening assessment is not
required provided one of the conditions in 89 Ill. Adm. Code 140.642(c) is met.
b)
Any person who seeks to become eligible
for medical assistance from the Medical Assistance Program under the Illinois
Public Aid Code to pay for services while residing in a facility
shall
be screened prior to receiving those benefits
in accordance with 89 Ill.
Adm. Code 140.642.  (Section 2-201.5(a) of the Act)
c)
Screening for facility services shall be
administered through procedures established
pursuant to 89 Ill. Adm. Code
140.642 (Section 2-201.5(a) of the Act)
1)
Any screening shall also include an
evaluation of whether there are residential supports and services or an array
of community services that would enable the person to live in the community.
2)
The person shall be told about the
existence of any such services that would enable the person to live safely and
humanely in the least restrictive environment, that is appropriate, that the
individual or guardian chooses, and the person shall be given the assistance
necessary to avail himself or herself of any available services.
(Section
2-201.5(a-1) of the Act)
d)
In addition to the screening required by
Section 2-201.5(a) of the Act and this Section,
a facility shall, within 24
hours after admission
of a resident,
request a criminal history
background check pursuant to the Uniform Conviction Information Act for all
persons age 18 or older seeking admission to the facility. Background checks
conducted pursuant to
the Act and
this Section shall be based on the
resident's name, date of birth, and other identifiers as required by the
Department of State Police
thin 24
hours after admission
of a resident,
request a criminal history
background check pursuant to the Uniform Conviction Information Act for all
persons age 18 or older seeking admission to the facility. Background checks
conducted pursuant to
the Act and
this Section shall be based on the
resident's name, date of birth, and other identifiers as required by the
Department of State Police
.  (Section 2-201.5(b) of the Act)
e)         The facility shall check for the
individual's name on the Illinois State Police Sex Offender Registry website at
https://isp.illinois.gov/Sor, the Illinois Department of Corrections Parolee
Sex Offender Registrant website at https://www2.illinois.gov/idoc/Offender/Pages/ParoleeSexRegistrantSearch.aspx,
and the National Sex Offender Public Website at www.nsopw.gov/en/Search/Results
to determine if the individual is listed as a registered sex offender.
f)
If the results of the background check
are inconclusive, the facility shall initiate a fingerprint-based check, unless
the fingerprint-based check is waived by the Director of Public Health based on
verification by the facility that the resident is completely immobile or that
the resident meets other criteria related to the resident's health or lack of
potential risk
, such as the existence of a severe, debilitating physical,
medical, or mental condition that nullifies any potential risk presented by the
resident.  (Section 2-201.5(b) of the Act)
g)         The facility shall arrange for a
fingerprint-based background check or request a waiver from the Department
within five days after receiving inconclusive results of a name-based
background check.  The fingerprint-based background check shall be conducted
within 25 days after receiving the inconclusive results of the name-based
check.
h)
A waiver, issued pursuant to
Section
2-201.5(b) of the Act
and criteria included in subsection (f),
shall
be valid only while the resident is immobile or while the criteria supporting
the waiver exist
clusive results of a name-based
background check.  The fingerprint-based background check shall be conducted
within 25 days after receiving the inconclusive results of the name-based
check.
h)
A waiver, issued pursuant to
Section
2-201.5(b) of the Act
and criteria included in subsection (f),
shall
be valid only while the resident is immobile or while the criteria supporting
the waiver exist
.  (Section 2-201.5(b) of the Act)
i)
The facility shall provide for or
arrange for any required fingerprint-based checks. If a fingerprint-based check
is required, the facility shall arrange for it to be conducted in a manner that
is respectful of the resident's dignity and that minimizes any emotional or
physical hardship to the resident
.  (Section 2-201.5(b) of the Act)  If a
facility is unable to conduct a fingerprint-based background check in
compliance with this Section, then it shall provide conclusive evidence of the
resident's immobility or risk nullification of the wavier issued pursuant to
Section 2-201.5(b) of the Act.
j)          The facility shall be responsible for
taking all steps necessary to ensure the safety of residents while the results
of a name-based background check or a fingerprint-based background check are
pending; while the results of a request for waiver of a fingerprint-based check
are pending; and while the Identified Offender Report and Recommendation is pending.

## Nearby sections

- [77 Ill. Adm. Code 390.610 Section 390.610  Management Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_610.md)
- [77 Ill. Adm. Code 390.620 Section 390.620  Resident Care Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_620.md)
- [77 Ill. Adm. Code 390.625 Section 390.625  Determination of Need Screening and Request for Criminal History Record Information](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_625.md)
- [77 Ill. Adm. Code 390.626 Section 390.626  Criminal History Background Checks for Persons Who Were Residents on January 1, 2022](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_626.md)
- [77 Ill. Adm. Code 390.630 Section 390.630  Admission, Retention and Discharge Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_630.md)
- [77 Ill. Adm. Code 390.635 Section 390.635  Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_635.md)
- [77 Ill. Adm. Code 390.636 Section 390.636  Discharge Planning for Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_636.md)
- [77 Ill. Adm. Code 390.637 Section 390.637  Transfer of an Identified Offender](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_637.md)
- [77 Ill. Adm. Code 390.640 Section 390.640  Contract Between Resident and Facility](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_640.md)
- [77 Ill. Adm. Code 390.650 Section 390.650  Residents' Advisory Council](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_650.md)
- [77 Ill. Adm. Code 390.660 Section 390.660  General Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_660.md)
- [77 Ill. Adm. Code 390.670 Section 390.670  Personnel Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_670.md)
- [77 Ill. Adm. Code 390.675 Section 390.675  Initial Health Evaluation for Employees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_675.md)
- [77 Ill. Adm. Code 390.680 Section 390.680  Direct Support Persons](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_680.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_625. Check the current official text before relying on it. Not legal advice.
