Section 385.20 Definitions

Section 385

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER d: LICENSING ADMINISTRATION

PART 385 BACKGROUND CHECKS

SECTION 385.20 DEFINITIONS

Section 385.20  Definitions

"Access

to children" means an employee's job duties requires that the employee be

present in a licensed child care facility during the hours that children are

present in the child care facility.  In addition, any person who is permitted

to be alone outside the visual and auditory supervision of child care facility

staff with children present in a licensed child care facility is considered to

have access to children.

"Adult"

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

"Authorization

for background check" means a complete, signed form prescribed by the

Department which authorizes a background check as defined in this Part.  An

authorization for a background check may be used for the initial and all

subsequent background checks required to determine compliance with the

requirements of this Part.

"Background

check" means

a

partial

or comprehensive criminal background clearance, or a child welfare

agency/congregate care background clearance for all eligible individuals living

or working in a licensed child care facility or non-licensed service provider.

"Background

check clearance" means no disqualifying offenses were identified during

the background check.

"Child"

means any person under 18 years of age.

For purposes of admission to and

residence in child care institutions, group homes, and maternity centers, the

term also means any person under 21 years of age who is referred by a parent or

guardian, including an agency having legal responsibility for the person

pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.

[225

ILCS 10.201]

"Child Care Act" means

the Illinois Child Care Act of 1969 [225 ILCS 10]

nd

residence in child care institutions, group homes, and maternity centers, the

term also means any person under 21 years of age who is referred by a parent or

guardian, including an agency having legal responsibility for the person

pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.

[225

ILCS 10.201]

"Child Care Act" means

the Illinois Child Care Act of 1969 [225 ILCS 10].

"Child

care facility" means any person, group of persons, agency, association,

organization, corporation, institution, center, or group, whether established

for gain or otherwise, who or which receives or arranges for care or placement

of one or more children, unrelated to the operator of the facility, apart from

the parents, with or without the transfer of the right of custody, in any

facility as defined in

the Child Care Act

, established and maintained

for the care of children.  "Child care facility" includes a relative

who is licensed as a foster family home under

Section 4 of the Child Care

Act.  [225 ILCS 10/2.05] A child care facility includes the following facilities

defined in the Child Care Act of 1969: child care institution, maternity

center, child welfare agency, day care center, group home, foster family home, host

home, day care home, group day care home, secure child care facility, or youth

emergency shelter.

"Child

Welfare Contributing Agency" or "Contributing Agency" means a

public or private entity, that by contract or agreement with the Department, provides

placement or child welfare case management (or any combination of these) to

children and families.

"Congregate

care facility" means a child care facility that holds a license issued by

the Department for one of the following:  Youth Emergency Shelter, Youth

Transitional Housing Program, Child Care Institution, Maternity Center, Group

Home, or Secure Child Care Facility

e Department, provides

placement or child welfare case management (or any combination of these) to

children and families.

"Congregate

care facility" means a child care facility that holds a license issued by

the Department for one of the following:  Youth Emergency Shelter, Youth

Transitional Housing Program, Child Care Institution, Maternity Center, Group

Home, or Secure Child Care Facility.

"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.

If judgment is withheld, the plea, verdict, or

finding of guilty is not a conviction under Illinois law unless and until

judgment is entered.

[720 ILCS 5/2-5]

"Denial

of application for license" means the refusal to grant a license or permit

to a person, group of persons, agency, association, or organization that

applied for a license to operate a child care facility.

"Department"

or "DCFS" means the Illinois Department of Children and Family

Services.

[225 ILCS 10/2.02]

"Director"

means the Director of the Illinois Department of Children and Family Services.

"Employee"

as used in this Part, means any staff person employed by a child care facility,

including any paid or unpaid volunteer, unlicensed contractual employee, substitute,

or assistant and other support staff who have access to children.

"Governing

body" means the board of directors of a corporation; otherwise, the term

means the owners or other persons, agency, association, or organization legally

responsible for the operation of the child care facility.

"Host home"

means

an emergency foster family home under the direction and regular

supervision of a licensed child welfare agency, contracted to provide

short-term crisis intervention services to youth served under the Comprehensive

Community-Based Youth Services program, under the direction of DHS

, association, or organization legally

responsible for the operation of the child care facility.

"Host home"

means

an emergency foster family home under the direction and regular

supervision of a licensed child welfare agency, contracted to provide

short-term crisis intervention services to youth served under the Comprehensive

Community-Based Youth Services program, under the direction of DHS.  The youth

shall not be under the custody or guardianship of DCFS pursuant to the Juvenile

Court Act of 1987.

[225 ILCS 10/2.17(g)]

"Illinois

Sex Offender Registry" means the registry maintained by the Illinois State

Police under the Sex Offender Registration Act [730 ILCS 150].   The registry is

operated and maintained by the Illinois State Police.

"Initial

background check" means for day care homes, group day care homes, and day

care centers only, the following components of a background check have been

conducted and a satisfactory result received:

A clearance from either the FBI fingerprint check; or

A fingerprint

clearance from the state criminal repository in the state where an individual

currently resides (for residents of Illinois this is the Illinois State Police

(ISP)).

"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.

"License

applicant" means

, for purposes of background checks,

the operator

or person with direct responsibility for daily operation of the facility to be

licensed.

[225 ILCS 10/4.4]

"Licensing entity" means

the Department or a contributing agency recommending the license or processing

the employment application.

"Licensing

representative" means a person authorized by the Department under the Child

Care Act to examine facilities for licensure

nd checks,

the operator

or person with direct responsibility for daily operation of the facility to be

licensed.

[225 ILCS 10/4.4]

"Licensing entity" means

the Department or a contributing agency recommending the license or processing

the employment application.

"Licensing

representative" means a person authorized by the Department under the Child

Care Act to examine facilities for licensure.

"Member

of the household" means a person of any age whose legal residence is at a

licensed foster family home, host home, day care home or group day care home,

or any adult who stays in the home on a regular or part-time basis, including

paramours.

"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.

"Multi-function

agency" means an agency, association, or other organization that operates

a child care facility or child welfare agency, in addition to other services

not subject to licensure under the Child Care Act of 1969.  A child care

facility or child welfare agency may consist of distinct units, divisions, or

departments of a multi-function agency.  In a multi‑function agency, the

persons with direct authority for the operations of the child care facility and

those who have access to children, as defined in this Section, are subject to

the background check requirements of this Part.

"National crime information

databases means the National Crime Information Center (NCIC) and its

incorporated criminal history databases, including the Interstate Identification

Index.

"National Sex Offender Public

Website" means the Dru Sjodin National Sex Offender Public Website

(NSOPW), a U.S. government website that links public state, territorial, and

tribal sex offender registries in one national search site

tion

databases means the National Crime Information Center (NCIC) and its

incorporated criminal history databases, including the Interstate Identification

Index.

"National Sex Offender Public

Website" means the Dru Sjodin National Sex Offender Public Website

(NSOPW), a U.S. government website that links public state, territorial, and

tribal sex offender registries in one national search site.

"National Sex Offender

Registry" means an electronic national registry of sex offenders, operated

and maintained by the Federal Bureau of Investigation (FBI) National Crime

Information Center, established under the Adam Walsh Child Protection and

Safety Act of 2006 (42 U.S.C. 16901 et seq.).

"Non-licensed service

provider"

means an individual or entity that contracts with the Department

to provide child welfare services that enable the Department to perform its

duties under the Abused and Neglected Child Reporting Act

[325 ILCS 5]

,

the Child Care Act of 1969, and the Children and Family Services Act

[20

ILCS 505]. [225 ILCS 10/2.28] It also includes a person who provides child care

in their home to a child for whom the Department is legally responsible on a weekly

basis or several times per week; cares for no more than three children under

the age of 12; or receives only children from a single household for less than

24 hours per day.  The three children include the family's own children or

adopted children and any other persons under the age of 12, whether related or

unrelated to the service provider.  (See 89 Ill. Adm. Code 377)

"Operator"

means any person responsible for the day-to-day management of the child care facility.

"Parental

involvement" means parental assistance with a child care program such as

participation in field trips, parties, attendance on special days for special

events, or parental support and cooperation in the classroom.

"Pre-hire offer of employment"

means an offer of prospective employment to an individual by a child welfare

agency or congregate care facility

t of the child care facility.

"Parental

involvement" means parental assistance with a child care program such as

participation in field trips, parties, attendance on special days for special

events, or parental support and cooperation in the classroom.

"Pre-hire offer of employment"

means an offer of prospective employment to an individual by a child welfare

agency or congregate care facility. The prospective employee must receive a complete

child welfare agency/congregate care background check clearance prior to being

eligible for an employment start date.  Prospective employees shall not begin

work while awaiting a background check clearance.

"Presumption of unsuitability"

means a licensee, applicant for licensure, a member of the applicant's or licensee's

household, or a prospective employee or volunteer has been:

indicated as a perpetrator of

neglect and/or abuse that resulted in a 20- or 50-year retention; or

indicated as a perpetrator on two

separate child protection investigations, each with 5-year retentions.

"Probationary

day care employee" means a prospective employee or volunteer of a day care

facility who:

Has been hired on a probationary

basis; and

Has met the initial background

check requirements as defined in this Part; and

Is awaiting complete results of a

comprehensive criminal background check.

Probationary day care employees

or volunteers may not be left alone with children and must always be supervised

by an individual who has received a complete comprehensive criminal background

check clearance within the past five years.

"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

rvised

by an individual who has received a complete comprehensive criminal background

check clearance within the past five years.

"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.  Resource personnel who are not employed by a

day care facility are not required to complete a comprehensive background check

through the Department as they shall not be left alone with children.

"Replacement

or supplemental staff" means any paid or unpaid individual who is used to

perform essential staff duties as evidenced by being counted in the staff-child

ratio or being allowed to be alone with children in a licensed child care

facility outside the visual or auditory supervision of child care facility

staff.

"State

Central Register" means

a central register of all cases of suspected

child abuse or neglect reported and maintained by the Department under

the

Abused and Neglected Child Reporting Act [325 ILCS 5/7].

"Supervising

agency" means a licensed child welfare agency, a license-exempt agency, or

the Department.