Ill. Admin. Code tit. 89, § 385.90 - Records to be Maintained by the Child Care Facility
a) The governing body or operator of a child
care facility shall maintain a copy of the authorization for background checks
required by Sections
385.40
and
385.50
as part of the personnel records of the facility for a period of five years
from the date of termination of the employment of the employee .
b) The background check record of any
conclusions or recommendations resulting from the review of the findings of
that check by the governing body or operator of the child care facility shall
be maintained for five years after termination of the employment in a separate,
confidential file apart from other personnel records. Access to those records
shall be permitted for the following:
1) the
subject of an individual record;
2)
the governing body or operator of the child care facility;
3) Department licensing staff;
4) Department staff authorized, in writing,
by the Director to conduct background checks pursuant to this Part;
5) persons who are authorized, in writing, by
the governing body or operator of the child care facility and whose duties are
related to the background checks or its findings;
6) Department representatives who have the
Director's written authorization specifying the statutory authority or
administrative rules under which the access is granted; and
7) other persons who are lawfully entitled to
the information (e.g., persons with a valid subpoena, law enforcement
personnel, or the attorneys of the individual in question).
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