Ill. Admin. Code tit. 89, § 383.100 - Investigations of Complaints Concerning Unlicensed Facilities
a)
Whenever
the Department is advised, or has reason to believe, that any person, group of
persons or corporation is operating a child welfare agency or a child care
facility without a license or permit, it shall make an investigation to
ascertain the fact. If the Department is denied access, it shall request
intervention of local, county or State law enforcement agencies to seek an
appropriate court order or warrant to examine the premises. [
225 ILCS
10/11 ]
b)
The licensing representative shall begin a licensing complaint investigation
within 2 business days after receipt of the complaint by the Department's
licensing unit and shall complete the investigation within 30 days after
receipt of the complaint . However, upon written notice to the licensee, the
investigation may be extended for an additional 30 days.
c) The licensing representative shall:
1) interview the person making the complaint ,
if known, and other persons who may have direct information relevant to the
complaint ;
2) obtain and review any
relevant documentation;
3) make one
or more unannounced visits to the program or facility, during the hours of
operation, to gather information and evidence relevant to the complaint , and to
determine whether the program or facility is being or has operated without a
valid permit or license, or is exempt from licensure under the Child Care Act;
and
4) complete and document the
licensing complaint investigation.
d) At the conclusion of the licensing
complaint investigation, the licensing representative shall determine whether
the program or facility is subject to licensure by the Department and is
operating without a valid permit or license, or is exempt from licensure under
the Child Care Act, and shall document this finding.
e) After supervisory approval of the
determination, the Department shall notify the operator of the program or
facility, in writing, of the finding. The licensing representative shall
provide notice to the operator, by certified mail, when, by law, a license is
required for the type of child care provided. The notice shall explain how to
make an application for a license.
f) After supervisory approval of the
determination, the licensing representative shall notify the complainant, in
writing, of whether the program or facility is operating without a valid permit
or license , or is exempt from licensure under the Child Care Act.
g)
If the Department
finds that the child welfare agency or child care facility is being, or
has been, operated without a license or permit, the Department
shall report the results of its investigation to the Attorney General
and to the appropriate State's Attorney for investigation and, if appropriate,
prosecution. [
225 ILCS
10/11 ]
h)
If the operator continues to operate the program or facility and does not make
efforts to obtain a license , the Department may issue an administrative order
of closure when the Department makes a finding in accordance with Section
383.105.
The Department shall report the matter to the Attorney General, and to the
State's Attorney for the county in which the program or facility is located,
for prosecution.
Notes
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