Part 401: LICENSING STANDARDS FOR CHILD WELFARE AGENCIES

Section 401.360 Use of Volunteer Services a) Volunteers may be used in any position for which they are qualified in child care facilities supervised by the child welfare agency. Volunteers may not be used within the child welfare agency to fill the positions of executive director…

Section 401.370 Non-Discrimination Against Employees Who Report Suspected Licensing Violations No employer shall discharge, demote, or suspend, or threaten to discharge, demote or suspend, or in any manner discriminate against any employee who: a) makes any good faith oral or wri…

Section 401.380 Personnel Records a) The child welfare agency shall maintain personnel records on all employees of the agency, whether full-time or part-time. These records shall contain: 1) a copy of the form required to be sent to the Department of Children and Family Services …

Section 401.4 Application for License (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.40 Definitions "Adequate assets" means the child welfare agency has sufficient liquid assets in reserve or has other sources of income and a line of credit independent of Department contracts which would allow it to provide continuous agency operations and provide ser…

Section 401.400 Legal Safeguards of Children Served a) The agency shall have written verification of the legal status for all children accepted for care and service. There shall be written financial agreements between the child welfare agency, foster family parents, and the legal…

Section 401.410 Required Written Consents a) The agency shall secure specific, dated, time-limited, written consents from the child's parent, guardian, or other legal custodian before approving certain actions which may include but are not limited to: 1) health care and treatment…

Section 401.420 Agency Responsibility a) Each child served by the agency shall, at all times, have a designated child welfare worker assigned or, for a period of time not to exceed 30 days, the case may be assigned to a child welfare supervisor. b) Children in placement shall be …

Section 401.430 Interstate Placement of Children a) An agency placing children outside the State of Illinois or receiving children from outside the State shall adhere to all rules and regulations of legal authorities pertaining to such placements and to the requirements of the In…

Section 401.440 Health and Medical Services for Children a) The agency shall have written policies providing for medical, surgical, and dental care for children in placement. Such policies shall be formulated in consultation with physicians and dentists licensed to practice in th…

Section 401.450 Transportation of Children a) These requirements apply to any child welfare agency that provides or arranges for the transportation of children to or from their home, whether a permanent home or a foster family home, to other prearranged sites, e.g., to another pl…

Section 401.460 Agency Supervised Foster Family Homes, Group Homes and Day Care Homes a) Foster family and day care homes operated and supervised by a child welfare agency shall be licensed according to the standards prescribed and published by the Department for licensing foster…

Section 401.470 Agency Responsibilities for Adoption Services (Renumbered) (Source: Section 401.470 renumbered to Section 401.500 at 30 Ill. Reg. 2699, effective February 27, 2006)

Section 401.480 Agency Responsibilities for Independent Living Programs (Renumbered) (Source: Section 401.480 renumbered to Section 401.700 at 30 Ill. Reg. 2699, effective February 27, 2006) SUBPART F: AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES

Section 401.5 Application for Renewal of License (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.500 Child Welfare Agency Responsibilities for Adoption Services Child welfare agencies that provide adoption services shall, in addition to meeting all requirements for a child welfare agency described in this Part, assure that placements of children for adoption are …

Section 401.510 Disclosures a) Information disclosed in accordance with this Subpart shall be subject to the confidentiality requirements of the Child Care Act of 1969 and the Adoption Act. b) A child welfare agency providing adoption services shall provide to all prospective cli…

Section 401.520 Adoptive Parents Training a) Agencies providing adoption services shall provide prospective adoptive parents with a training program that shall include: 1) A minimum of 6 clock hours of training for private domestic adoption families and a minimum of 10 clock hour…

Section 401.530 Annual Reports a) On the 45th day of an adoption agency's license anniversary date, an agency providing adoption services shall file an annual report with the Department's regional licensing office and with the Illinois Attorney General on forms prescribed by the …

Section 401.540 Preferential Treatment in Child Placement a) Preferential treatment in child placement or any matters relating to adoption services by an agency shall not be given to its board members, contributors, volunteers, employees, agents, consultants, or independent contr…

Section 401.550 Waiver Prohibited Agencies providing adoption services shall not require biological or adoptive parents to sign any document that purports to waive claims against an agency for intentional or reckless acts or omissions or for gross negligence. [225 ILCS 10/7.7] (S…

Section 401.560 Adoption Services Fees a) Excessive adoption fees by a child welfare agency, representative of an agency or independent contractor of an agency are prohibited. An eligible adoption agency may be deemed compliant with this subsection. This presumption of compliance…

Section 401.565 Adoption Agency Payment of Salaries or Other Compensation a) A licensed child welfare agency may pay salaries or other compensation to its officers, employees, agents, contractors, or any other persons acting on its behalf for providing adoption services, provided…

Section 401.570 Independent Contractors a) Subject to subsection (a)(1), a child welfare agency providing adoption services may use the services of any person, group of persons, agency, association, organization, corporation, institution, center, or group as an independent adopti…

Section 401.580 Cessation or Dissolution of an Adoption Agency In the event that a licensed child welfare agency providing adoption services ceases to exist or dissolves its corporate entity as an agency, and in so doing ceases to provide adoption services as defined in Section 4…

Section 401.590 Adoption Agency Information and Complaint Registry a) The adoption agency information and complaint registry serves to assist the public in the monitoring of licensed child welfare agencies providing adoption services. The information in the registry shall include…

Section 401.595 Agency Complaint Policy and Procedure a) Agencies providing adoption services shall establish written complaint policies that include: 1) An adoption agency shall initiate an investigation of complaints received within 2 business days; 2) The adoption agency shall…

Section 401.6 Provisions Pertaining to License (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.600 Advertisement a) No person, group of persons, agency, association, organization, corporation, institution, center, or group may advertise or cause to be published any advertisement offering, soliciting, or promising to perform adoption services as defined in Secti…

Section 401.7 Provisions Pertaining to Permit (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.700 Agency Responsibilities for Independent Living Programs a) Child welfare agencies may provide independent living services to youth; 1) Who have been or who are in the out-of-home care system; 2) Who are homeless or who are transitioning from residential care; 3) W…

Section 401.8 Incorporation (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.800 Referrals to Law Enforcement and Injunctive Relief a) Violation of the Act If the Department has reasonable cause to believe that any person, group of persons, corporation, agency, association, organization, institution, center, or group is engaged or is about to …

Section 401.850 Severability of This Part If any court of competent jurisdiction finds that any rule, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of this P…

Section 401.9 Composition and Responsibilities of the Governing Body (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.APPENDIX D Minimum Requirements for a Risk Management Plan The risk management plan required by Section 401.220(g) shall address at least the following areas of risk with the answers sufficiently explained. 1) What risks are presented by the child welfare services off…