Part 404: LICENSING STANDARDS FOR CHILD CARE INSTITUTIONS AND MATERNITY CENTERS

Section 404.1 Purpose a) The purpose of this part is to prescribe the standards for licensure as a child care institution and to describe how to apply for a license. b) The licensing standards set forth in this part are applicable to all child care institutions and maternity cent…

Section 404.10 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 al…

Section 404.11 The Administrator a) The administrator is that person designated by the board or owners to carry out established policies and procedures and the day-to-day management of the institution. b) An administrator shall have: 1) a Master's Degree from an accredited school…

Section 404.12 Administrative Coverage a) The institution shall not be left at any time, or under any circumstances, without a properly designated, administratively responsible person on the premises. The designated administratively responsible person may be the child care worker…

Section 404.13 Child Care Workers a) Child care workers’ primary responsibility is the daily care of children. b) Child care workers shall work under the supervision of a child care supervisor and shall have the following qualifications: 1) Be at least 18 years of age, if there i…

Section 404.14 Support Personnel a) Clerical and secretarial services shall be provided to maintain correspondence, records, bookkeeping and files in current and good order. b) A person with knowledge and experience to plan and prepare well balanced meals in accordance with publi…

Section 404.15 Substitute Child Care Staff Substitute child care staff shall be employed to allow regular time off and vacations for child care staff.

Section 404.16 Volunteers All volunteers shall meet the requirements for the functions they perform, shall be trained for the tasks they perform, and shall be under the supervision of an appropriate staff supervisor.

Section 404.17 Requirements of Professional Staff Professional staff which are full-time, part-time, or consulting (employed or contractual), such as social workers, psychologists, psychiatrists, physicians, dentists, teachers, nutritionists, nurses, speech, occupational, recreat…

Section 404.18 Medical and Health Services a) A qualified physician working in collaboration with the administrator shall be designated to assure that comprehensive medical and health services are provided according to the needs of the children and the requirements of this part. …

Section 404.19 Social Work Staff a) Social work supervisors shall have a Master's Degree from an accredited school of social work or an equivalent Master's Degree in a human services field and two years of full-time experience in a social work setting. b) If the administrator qua…

Section 404.2 Definitions "Access to children" means an employee's job duties require that the employee be present in a licensed child care facility during the hours that children are present in the facility. In addition, any person who is permitted to be alone outside the visual…

Section 404.20 Teachers Teachers employed in the institution's educational program offering academic credit, shall meet the requirements of the Illinois State Board of Education or a public or private Board of Education which conducts a system of schools at the elementary and sec…

Section 404.21 Recreation Staff a) Recreation workers shall have a high school diploma and the capacity to accept supervision and to work cooperatively with other staff and a variety of persons external to the program. Recreation workers shall demonstrate an ability to assess and…

Section 404.22 Staff Training a) There shall be an organized in-service training program to equip child care personnel to meet the individual and group care needs of the children. b) All staff must provide evidence of a completed Department-approved mandated reporter training, in…

Section 404.23 Health Requirements for Staff and Volunteers a) All staff members shall have an initial medical examination which provides evidence that they are free of communicable diseases, including active tuberculosis, or physical and mental conditions which affect their abil…

Section 404.24 Background Checks a) The governing body shall ensure that all prospective and current employees submit to fingerprinting (when required), authorize a background check and otherwise meet the requirements of 89 Ill. Adm. Code 385 (Background Checks). b) As a conditio…

Section 404.25 Criteria for the Admission and Discharge of Children a) The institution shall establish written admission policies. b) Children shall be admitted only upon written consent or application of parent or guardian, upon court order, or, in emergency situations, upon aut…

Section 404.26 Admission Preparation Requirements Preparation of the child for his admission shall include involvement of the child in planning in a manner considerate of his age and ability to participate and shall include a specific effort to help him understand the purpose for…

Section 404.27 Agreements and Consents Between Responsible Parties a) Written agreements for care and service shall be entered into between the institution and the parent or guardian and the referring agency, in order to protect the interest of the child and all other parties con…

Section 404.28 Child Care Groupings a) Groupings and supervision of children shall provide for individual attention and consideration of each child. Groups shall consist of a maximum of 15 children. b) Child care staff shall provide appropriate supervision to children at all time…

Section 404.29 Discipline of Children The use of discipline in the child care institution shall be in accordance with the standards set forth in the Department's rulemaking, Part 384, Discipline and Behavior Management in Child Care Facilities.

Section 404.3 Effective Date of Standards (Repealed) (Source: Repealed at 21 Ill. Reg. 4488, effective April 1, 1997)

Section 404.30 Controls The use of controls shall be in accordance with the standards contained in the Department's rulemaking, Part 384, Discipline and Behavior Management in Child Care Facilities.

Section 404.31 Clothing and Personal Belongings a) Children shall be supplied with clothing required for their health, comfort, and physical well-being, according to their individual needs, age, and sex. b) Clothing items shall be individually selected, properly fitted, appropria…

Section 404.32 Personal Care and Hygiene a) Children shall be given training and supervision to help them establish good habits of personal care, grooming, health and hygiene. b) Each child shall be provided with combs, brushes, toothbrushes, towels, and washcloths, appropriately…

Section 404.33 Allowances a) Personal allowance money shall be available to children based upon the child's age and ability to manage money. Adolescents may be allowed to earn additional personal spending money. b) The institution shall assist the child in the proper handling of …

Section 404.34 Education a) All children between the ages of 7 and 16 are required by law to attend school regularly. Institutions shall comply with the law, and shall encourage each child to complete high school or vocational training in accordance with his aptitude. b) Children…

Section 404.35 Work and Training a) Every child shall have the opportunity to learn to assume some responsibility for himself and for household duties in accordance with his age, health, and ability. No child shall be permitted to do tasks which are hazardous, dangerous, or risk …

Section 404.36 Recreation and Leisure Time a) Recreation activities play a major role in the development of children. Recreation should enhance sportsmanship, coordination, and peer acceptance. b) Recreation should be appropriately planned for after school hours, weekends, and ho…

Section 404.37 Health and Safety a) Each child shall be examined by a physician, advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant w…

Section 404.38 Food and Nutrition a) Food shall be prepared and served using the food guide pyramid provided by the United States Department of Agriculture Center for Nutrition to meet the nutritional needs of the children. b) Food products from home-raised animals shall meet the…

Section 404.39 Professional Services a) Each child and family shall be assigned a child welfare worker. The assigned child welfare worker shall have weekly in-person contact with each child. The child welfare worker shall assist in: 1) planning for individual care, treatment, and…

Section 404.4 Application for License a) Application for license shall be completed by the officers of the governing body of the institution on forms prescribed and furnished by the Department. b) For the application to be considered complete, the following shall be attached to t…

Section 404.40 Visitation a) Children shall be allowed to visit families other than their own and friends in the community when the living conditions of the family to be visited are known and the visits are approved by the institution. The child and persons to be visited shall ha…

Section 404.41 Community Life The institution shall encourage and provide opportunities for children, individually and in groups, to participate in available community services, facilities and programs.

Section 404.42 Religion a) The religious beliefs and rights of children shall be legally protected. b) Each child shall be given religious instruction of his own faith, or that of his parents, unless there is written consent of the parent or guardian (if residual parental rights …

Section 404.43 Termination of Residential Care a) Termination of care in the child care institution for those persons over age 18 shall occur no later than 90 days following completion of a public school secondary education program or the individual's eligibility for such an educ…

Section 404.44 Buildings a) Buildings shall be maintained in compliance with state and local ordinances for health, safety and sanitation. b) The institution shall receive inspection annually and clearance from: 1) the Illinois Department of Public Health or local health departme…

Section 404.45 Grounds The grounds of the institution shall be well drained and maintained in safe condition. Debris shall be removed and hazardous conditions remedied with safety devices such as fences, barriers and outdoor lighting.

Section 404.46 Equipment a) The institution shall provide, store and maintain equipment necessary to carry out the functions of its various services and programs. b) There shall be communication provided by telephone or other inter-communication system between buildings and units…

Section 404.47 Records and Reports a) The institution shall maintain records on each child receiving services and all agency personnel, and in addition, shall submit certain reports as prescribed by the Department. These records and reports shall be confidential. Authorized repre…

Section 404.48 Records Retention Personnel, general and financial records required of the institution shall be maintained for five years. Children's records shall be maintained for five years after the child reaches the age of majority.

Section 404.49 Transportation A child care institution or maternity center providing transportation services on a regular basis shall comply with the driver licensing, Rules of the Road, financial responsibility, vehicle equipment and vehicle inspection provisions of the Illinois…

Section 404.5 Renewal of License a) Application 1) License renewal application forms shall be mailed to the institution by the Department six months prior to the expiration date of license. Officers of the governing body shall submit the completed application to the Department th…

Section 404.50 Severability of This Part If any court of competent jurisdiction finds that any Section, 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…

Section 404.51 Residential Case Management Supervisors a) Each child care institution or a maternity center may establish a residential case management supervisor position. b) The duties of residential case management supervisors shall include but are not limited to: 1) Set up an…

Section 404.52 Child Care Supervisors a) There shall be at least one child care supervisor who shall be a full-time employee. The administrator or another person qualified as a child care supervisor may fill the position. Child care supervisors employed as of November 30, 1981 by…

Section 404.53 Request for Approval of Applicants under Section 404.52(c)(2) or (3) When a child care institution or a maternity center wants to hire as a child care supervisor an applicant with qualifications under Section 404.52(c)(2) or (3), the Workforce and Educational Trans…

Section 404.54 Workforce and Educational Transcript Review Committee (WETRC) a) For purposes of this Part, the Workforce and Educational Transcript Review Committee (WETRC) established in 89 Ill. Adm. Code 401 shall, in addition to any other duties listed in 89 Ill. Adm. Code 401…