a) Child Abuse/Neglect
As a condition of eligibility to receive a State subsidy for
providing child care services to eligible families, all license exempt child
care providers under the Child Care Act of 1969 [225 ILCS 10 ] must agree, in
writing, to a Child Abuse and Neglect Tracking System (CANTS) check in the
Central Register as defined in the Abused and Neglected Child Reporting Act
[325 ILCS 5 ].
1) Providers subject to
the CANTS check include:
A) Child care centers
exempt from licensing (89 Ill. Adm. Code
377);
B) Child care homes exempt from licensing (89
Ill. Adm. Code
377);
C) Relative
child care in the home of the relative (see Section
50.410
);
D) Non-relative child care in
the home of the child (see Section 50.410); and
E) Relative child care in the home of the
child (see Section 50.410).
2) All staff at a child care center exempt
from licensing and all persons age 13 and older residing in a child care home
exempt from licensure are subject to CANTS check.
3) Limitations on Perpetrators of Child
Abuse/Neglect
Persons who have been indicated as the perpetrator of any of
the child abuse/neglect allegations identified in 89 Ill. Adm. Code
385.50
shall be disqualified from participating in the child care assistance
program.
b) Sex
Offender Registry
All persons subject to CANTS checks pursuant to this Part
shall be screened for inclusion in the Illinois and National Sex Offender
Registries [730 ILCS 150 ].
c) Criminal History
1) As a condition of eligibility to receive a
State subsidy for providing child care services to eligible families, all
license exempt child care providers, except a provider who is related to the
child, shall complete and sign authorizations for a State and Federal Bureau of
Investigation (FBI) fingerprint-based criminal history record check and submit
to fingerprinting, if required, to determine if the child care provider has
prior criminal convictions or pending criminal charges. Provider types subject
to a fingerprint-based criminal history record check include:
A) Child care centers exempt from licensing
(89 Ill. Adm. Code
377);
B) Child
care homes exempt from licensing (89 Ill. Adm. Code
377); and
C) Non-relatives who provide care in the
child's home (see Section 50.410).
2) Persons subject to a background check
include:
A) an employee of a license exempt
child care center whose duties require the employee to be present during the
hours children are present in the facility. In addition, any person who is
permitted to be alone with children receiving care in the facility is subject
to the background check requirement. This applies to all current and
conditional employees as well as any individual used as replacement or
supplemental staff in the direct care and supervision of children.
B) All persons age 18 and over who reside in
a child care home exempt from licensing even if those household members are not
usually present in the home during the hours the children are present. This
shall also apply to a person age 13 and over who has been tried as an adult and
convicted of any crime identified in 89 Ill. Adm. Code
385.
3) Fingerprints shall be submitted
to the Illinois State Police via the fingerprint vendor stipulated by
Department of Children and Family Services (DCFS) for criminal history
checks.
4) Fingerprints for the
following persons shall be submitted to the FBI for a search of its records:
A) persons who have resided outside the State
of Illinois for any part of the preceding three years; and
B) persons who have a record of criminal
activity that may impact their suitability for employment as evidenced either
by their own acknowledgment or according to the records of the Illinois State
Police.
5) Persons
subject to criminal background checks shall make themselves available for
fingerprinting when scheduled by DCFS or its authorized representatives.
Persons subject to criminal background checks who fail to appear for scheduled
fingerprinting will be disqualified as a child care provider.
6) Persons who have been convicted of certain
serious crimes identified in 89 Ill. Adm. Code
385.Appendix A (Background
Checks) will be disqualified as a child care provider.
7) A copy of the criminal history record
check shall be provided to the subject of the criminal history
record.
8) Any information
concerning convictions is confidential and may not be transmitted outside DCFS
or to anyone within DCFS, except as needed for the purposes of determining
participation in the child care assistance program.
9) There is no charge to any person subject
to background checks required by this Part.
10) Any person who fails to provide written
authorization for a background check pursuant to this Part shall be
disqualified from participating in the child care assistance program.
d) Convictions that Disqualify
Persons for Employment or Residence in a Child Care Facility that Allows Access
to Children
A person who has been convicted of certain serious crimes
identified in 89 Ill. Adm. Code 385.Appendix A or who has been convicted of
committing or attempting to commit any of the offenses identified in this
subsection (d) shall be disqualified from participation in the child care
assistance program. In addition, no person who has been convicted of certain
serious crimes identified in 89 Ill. Adm. Code 385.Appendix A or who has been
convicted of committing or attempting to commit any of the offenses listed in
this subsection (d) shall either be employed in a license exempt child care
facility in a position that allows access to children or reside in a family
home in which a licensed-exempt child care facility operates. This includes
persons who have been:
1) declared
sexually dangerous persons under the Sexually Dangerous Persons Act [725 ILCS
205 ] or identified as sex offenders in the Illinois Sex Offender Registry [730
ILCS 150 ] operated by the Illinois State Police; or
2) convicted of committing or attempting to
commit any of the offenses specified in 89 Ill. Adm. Code
385.Appendix A that
are defined by the Criminal Code of 1961 [720 ILCS 5 ] or any earlier Illinois
criminal law or code (see Section 4.2 of the Child Care Act of 1969
[
225 ILCS
10/4.2 ]); or
3) convicted of committing or attempting to
commit an offense in another state, the elements of which are similar and bear
a substantial relationship to any of the criminal offenses specified in 89 Ill.
Adm. Code
385.Appendix A.
e) Assessment of Indicated Reports of Abuse
or Neglect and Criminal Convictions
A person who is disqualified from participating in the child
care assistance program as a license exempt child care provider who has an
indicated report of abuse or neglect or who has been convicted of certain
serious crimes identified in 89 Ill. Adm. Code 385.Appendix A may only receive
payment through the child care assistance program if the individual obtains a
license from DCFS in which a review and assessment of the allegations and
criminal charges will be made pursuant to 89 Ill. Adm. Code 385.
f) Pending Criminal Charges
A person who has criminal charges pending will not be
disqualified from participating in the child care assistance program as a
license exempt child care provider.