Ill. Admin. Code tit. 89, § 408.40 - Background Checks
a) No
individual may receive a license from the Department when the applicant , a
member of the household age 13 and over, or any individual who has access to
the children cared for in a group day care home, or any employee of the group
day care home, has not authorized the background check required by 89 Ill. Adm.
Code 385, Background Checks and been cleared in accordance with the
requirements of Part 385.
b)
Employees subject to background checks may begin employment on a conditional
basis while awaiting the results of the background check. Such employees may
not be alone with children until the results of the initial background check
has been received.
c) Persons who
have been the perpetrator of certain types of child abuse or neglect or who
have committed or attempted to commit certain crimes may not be licensed to
operate a group day care home, be a member of the household of a family home in
which a group day care home operates, or be an employee or volunteer in a group
day care home. These allegations/criminal convictions are listed in Appendix E
of this Part.
d) Group day care
homes shall be responsible for ensuring that persons subject to criminal
background checks make themselves available for fingerprinting when scheduled
by the Department or its authorized representative(s). Failure of a person
subject to criminal background checks to appear for scheduled fingerprinting
may result in the denial of a license application or refusal to renew or
revocation of an existing license unless the child care facility can
demonstrate that it took reasonable measures to insure cooperation with the
fingerprinting process. Adequate cause for failure to appear for fingerprinting
includes, but is not limited to:
1) death in
the family of the person;
2)
serious illness of the person or illness in the person's immediate family;
or
3) weather or transportation
emergency.
e) As a
condition of licensure, each licensee or license applicant must certify under
penalty of perjury that he or she is not more than 30 days delinquent in
complying with a child support order. Failure to so certify may result in a
denial of the license application, refusal to renew the license, or revocation
of the license. (Section 10-65 of the Illinois Administrative Procedure Act
[5 ILCS 100/10-65
]
f) If the licensee(s) or license
applicant (s) acknowledge that they are currently more than 30 days delinquent
in complying with an order for child support or, upon completion of the
background check, the licensee(s) or license applicant (s) are found to be
delinquent despite their certification, the Department shall deny the
application for license, refuse to renew the license, or revoke the license
unless the licensee(s) or license applicant (s) arrange for payment of past due
and current child support and pay child support in accordance with that
agreement.
Notes
Amended at 21 Ill. Reg. 4563, effective April 1, 1997
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