Part 401: LICENSING STANDARDS FOR CHILD WELFARE AGENCIES

Section 401.1 Purpose (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.10 Finances (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.100 Application for License a) The initial application for license as a child welfare agency shall be completed by the officers of the governing body of the child welfare agency on forms prescribed and furnished by the Department. b) For the initial application for a …

Section 401.11 The Administrator (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.110 Provisions Pertaining to Permits a) A permit shall be issued before a provisional license is granted, but shall not be issued prior to the following: 1) Completion of the application for license and submission of the original and one copy of the application and al…

Section 401.12 Social Work Supervisors (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.120 Provisional Licenses a) The Department may restrict the operation of the child welfare agency by attaching provisions to the license, such as those identified in subsection (c) of this Section. Provisional licenses shall be issued for the first two years to applic…

Section 401.13 Child Welfare Workers (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.130 Provisions Pertaining to Licenses a) A full child welfare agency license is valid for 4 years unless revoked by the Department or voluntarily surrendered by the licensee. Provisional licenses are valid for 2 years. b) The Department shall revoke or refuse to renew…

Section 401.14 Professional Staff (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.140 Application for Renewal of License a) License renewal application forms shall be mailed to the child welfare agency by the Department six months prior to the expiration date of the license. For a renewal application to be considered complete, the following shall b…

Section 401.141 License Transfer for Agencies Providing Adoption Services Seeking 501(c)(3) Status a) Licensed child welfare agencies providing adoption services shall obtain tax-exempt status from the Internal Revenue Service as described in section 501(c)(3) of the Internal Rev…

Section 401.145 Renewal Application Under Deemed Status a) A child welfare agency in deemed status doing business with the Department shall submit to the Department: 1) Signed and completed renewal application on forms provided by the Department; 2) Written description of any cha…

Section 401.15 Support Personnel (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.150 Acceptance of Accreditation through Deemed Status a) When a child welfare agency is fully accredited by the Council on Accreditation for Children and Family Services, Inc. (Council on Accreditation), 120 Wall Street, 11th Floor, New York, NY 10005 (2001 Standards)…

Section 401.155 Removal of Agency from Deemed Status The following shall occur before the Department is to remove an agency from Deemed Status: a) The Department shall have documentation of one or more substantiated violations that affect the health, safety, morals or welfare of …

Section 401.16 Volunteers (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.160 Voluntary Surrender of License a) At any time, a licensee may offer to voluntarily surrender a valid license. The licensee must verify whether: 1) the Department is investigating the child welfare agency for any licensing complaint or report of suspected abuse or …

Section 401.17 Background Checks (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.18 Legal Safeguards of Children Served (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.19 Required Written Consents (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.2 Definitions (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.20 Agency Responsibility (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.200 Agency Corporate Status a) Tax Exempt A child welfare agency providing adoption services after August 15, 2007 shall be officially recognized by the United States Internal Revenue Service as a tax-exempt organization described in section 501(c)(3) of the Internal …

Section 401.21 Interstate Placement of Children (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.210 Composition and Responsibilities of the Governing Body a) The governing body of a child welfare agency shall be all the members of the board of directors of the corporation. b) Each member of the governing body of the child welfare agency and principal shareholder…

Section 401.22 Health and Medical Services for Children (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.220 Organization and Administration a) The members of the governing body are responsible for maintaining the standards set forth in this Part. The governing body may delegate responsibility for day-to-day compliance with these standards to the agency executive directo…

Section 401.23 Records and Reports (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.230 Finances a) The agency shall maintain a degree of financial solvency that insures adequate care of the children for whom it has assumed responsibility. An agency is considered insolvent if its financial condition is such that the sum of its debts is greater than a…

Section 401.24 Records Retention (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.240 Background Checks The agency shall have appropriate personnel procedures in place to insure that all persons subject to the background checks required by 89 Ill. Adm. Code 385 (Background Checks) authorize such checks and submit to fingerprinting (when required). …

Section 401.25 Agency Supervised Foster Family Homes, Group Homes and Day Care and Night Care Homes (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.250 Required Reporting to the Department a) Staff, Volunteers and Adoption Contractors 1) The child welfare agency shall maintain and submit reports on staff, volunteers and independent adoption contractors to the Department on forms prescribed by the Department: A) A…

Section 401.26 Severability of This Part (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998) SUBPART A: INTRODUCTION AND DEFINITIONS

Section 401.260 Required Record Keeping a) The child welfare agency shall maintain current records that shall be available for inspection by authorized persons from the Department and that shall include: 1) records of board membership and minutes of board meetings, as required by…

Section 401.270 Records Retention a) General and financial records required of the child welfare agency shall be maintained for at least 5 years. b) Personnel records shall be retained for at least 5 years after termination of the person's employment. c) Licensing Records 1) The …

Section 401.3 Effective Date of Standards (Repealed) (Source: Repealed at 21 Ill. Reg. 4502, effective April 1, 1997)

Section 401.30 Purpose a) The purpose of this Part is to prescribe the standards for licensure as a child welfare agency and to describe how to apply for a child welfare agency license. This Part also prescribes the duties of a child welfare agency to monitor and supervise child …

Section 401.300 The Executive Director a) The child welfare agency shall hire an executive director who shall be a full-time employee designated by the governing body to carry out the day-to-day management of the child welfare agency and the policies and procedures established by…

Section 401.310 Qualifications of Child Welfare Supervisors All persons employed as child welfare supervisor are required to be in full compliance with 89 Ill. Adm. Code 412, Licensure of Direct Child Welfare Service Employees and Supervisors and all other applicable requirements…

Section 401.311 Request for Approval of Applicants under Section 401.310(b) through (d) When a child welfare agency wants to hire a child welfare supervisor applicant with qualifications under Section 401.310(b) through (d), the Workforce and Educational Transcript Review Committ…

Section 401.312 Workforce and Educational Transcript Review Committee (WETRC) a) The Department’s Central Office of Licensing shall establish a Workforce and Educational Transcript Review Committee (WETRC) whose purpose shall be as follows: 1) For applicants with qualifications u…

Section 401.313 Final Administrative Decision a) The Associate Deputy or designee shall make the final administrative decision whether to approve or deny a request to approve an applicant with the qualifications under Section 401.310(b) through (d) for a child welfare supervisor …

Section 401.314 Progress and Compliance Review a) An applicant with qualifications under Section 401.310 (c) or (d) approved for the child welfare supervisor position shall be subject to progress review towards compliance with time frames for application, enrollment and completio…

Section 401.315 Acceptable Degrees a) The following degrees shall be accepted as human services degrees: 1) Child, Family and Community Services 2) Early Childhood Development 3) Guidance and Counseling 4) Home Economics - Child and Family Services 5) Human Development Counseling…

Section 401.320 Child Welfare Workers Child welfare workers perform administrative duties, supervise placement of children, evaluate goals for placement, prepare progress reports, provide services to family members, arrange and supervise visits between children in placement and t…

Section 401.330 Licensing Staff Child welfare agencies may have staff who are trained and authorized to perform the licensing function as part of their duties as a child welfare worker or may designate licensing as a separate function as long as the staff meet the minimum qualifi…

Section 401.340 Professional Staff Professional staff such as social workers, clinical social workers, psychologists, psychiatrists, physicians, dentists, teachers, occupational therapists, physical therapists, marriage and family therapists, and professional counselors must prov…

Section 401.350 Support Personnel Clerical and secretarial services shall be provided to maintain correspondence, records, bookkeeping and files in current and good order. Janitorial and maintenance staff or services shall be provided to keep the building and grounds in proper or…