Illinois Administrative Code

Section 330.1 Purpose These rules clarify the responsibilities of the Department of Children and Family Services when it is ordered by an Illinois court to perform child custody investigations or to supervise parents to assess whether or not the custody or visitation judgments re…

Section 330.2 Definitions "Child custody proceeding" means a civil court action resulting from a petition requesting dissolution of marriage (divorce) or legal separation, or action taken after one of those judgments has been rendered which involves child custody or visitation. "…

Section 330.3 Conducting the Investigation a) Upon receipt of a written court order, the Department will perform a child custody investigation. b) In child custody investigations Department staff will interview both parents. The Department will also interview children who are abl…

Section 330.4 Custody or Visitation Supervision Following a custody judgment, the court may order the Department to supervise the custodian or visiting terms of the judgment. The Department shall, upon receiving a written order to provide such continuing supervision, comply with …

Section 330.5 Reports a) A report concerning a child custody investigation shall be prepared by the Department and shall be sent at least ten (10) calendar days before the hearing to the legal counsel representing each party, to anyone else who is representing each part, and to e…

Section 330.6 Costs a) When the child custody investigation report is sent to the counsel of the parties, the Department shall request, in writing, that the court enter an order against either or both parties to pay for Department-incurred costs. b) When the court has ordered sup…

Section 331.1 Purpose (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.10 Purpose The purpose of this Part is to identify events or occurrences that are considered unusual incidents and to require reporting them to the Department when they involve persons provided services by the Department (whether directly or by a grant, contract or pu…

Section 331.2 Definitions (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.20 Definitions "Caregiver" means persons designated by the Department of Children and Family Services to be responsible for the day-to-day care of children and youth for whom the Department is legally responsible. This includes foster parents, relative caregivers, and…

Section 331.3 Reporting Unusual Incidents (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.30 Reporting Requirements Department employees, staff of purchase of service providers and contractors shall report unusual incidents as defined in this Part to the Department in the manner and on forms prescribed by the Department. Such reporting shall be in addition…

Section 331.4 Notifying Relatives of Unusual Incidents (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.40 Unusual Incidents Involving Children and Youth a) Caregivers shall immediately report to the Department those unusual incidents that involve any child or youth for whom the Department is legally responsible on a form and in a manner prescribed by the Department. As…

Section 331.5 Unusual Incidents in Department Facilities (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.50 Unusual Incidents Involving Employees or Facilities a) Incidents or occurrences that shall be reported to the Department as unusual incidents when they involve the employees or facilities of the Department or a child care facility include, but are not limited to: 1…

Section 331.6 Criminal Behavior of Foster Parents (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.60 Criminal Behavior of Foster Parents or Relative Caregivers In accordance with Section 34.1 of the Children and Family Services Act [20 ILCS 505/34.1], the Department shall report any suspected criminal behavior on the part of relative caregivers or foster parents l…

Section 331.7 Unusual Incidents Involving Department Employees (Repealed) (Source: Repealed at 25 Ill. Reg. 7440, effective June 15, 2001)

Section 331.70 Dispositions and Reviews The assigned child welfare worker, in collaboration with his or her supervisor, shall ensure that each report of an unusual incident involving a child or youth for whom the child welfare worker is responsible is reviewed and disposed of in …

Section 331.80 Records Retention a) The Department shall retain any report of an unusual incident received pursuant to this Part for at least five years from the date of receipt of the report. Records may be retained as hard copy documents, microfilm, magnetic tapes, computer fil…

Section 331.90 Violation of this Part Child care facilities and Department staff are required to report occurrences described in this Part and take steps to remedy the situation, when appropriate. a) Failure of a child care facility or purchase of service provider to report an un…

Section 331.APPENDIX A Types of Unusual Incidents Abuse of a Ward Alleged A caregiver, parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child or a paramour of the child's parent is alleged to …

Section 334.1 Purpose The purpose of this Part is to describe: a) The responsibilities of the Department in developing, maintaining and administering a statewide program of community-based services to youth through: 1) The establishment of Regional Youth Planning Committees 2) Th…

Section 334.10 Areas Without Designated Local Boards or Local Service Systems In those areas where pursuant to Section 334.9 of this Part, the Department does not designate a local board or local service system, or where no application for designation as a local board or local se…

Section 334.11 Target Groups to be Served by Local Boards or Local Service Systems a) Local boards or service systems, in order to be considered for recognition and funding, must serve all youth mandated for service as identified in 89 Ill. Adm. Code 310, (Delivery of Youth Servi…

Section 334.12 Service Components of Community-Based Services a) In order to be considered for recognition and funding, local boards or local service systems must describe how the following services listed in 89 Ill. Adm. Code 310, (Delivery of Youth Services Funded by the Depart…

Section 334.13 Community Youth Service Plan a) Bodies designated by the Department as local boards or local service systems shall, within 90 days of notification of such designation, submit a community youth service plan to the Department and the appropriate regional youth planni…

Section 334.14 Funding of Community-Based Youth Services a) When the Comprehensive, Community-Based Service to Youth line appropriation is less than $5 million, the funds may be distributed to demonstration projects and services consistent with this Part. Competitive and non-comp…

Section 334.15 Review and Monitoring of Community Youth Service Plans a) The Department shall establish a data repository which will organize the data by county to assist local boards and local service systems in profiling the problems and needs of youth in their service areas. b…

Section 334.2 Definitions "Community-Based Youth Services" means services to youth funded by the Department through contracts or grants that are delivered by community-based youth service agencies as described in 89 Ill. Adm. Code 310, Delivery of Youth Services Funded by the Dep…

Section 334.3 Regional Youth Planning Committees a) The Department shall establish regional youth planning committees in accordance with 89 Ill. Adm. Code 428, Department Advisory Council, Illinois Juvenile Justice Commission and Other Statewide and Regional Committees. b) The po…

Section 334.4 Establishment of Service Areas a) The Department shall establish the geographic areas of the state for which competitive applications may be submitted to identify the entity which will provide youth services in that area. b) In establishing service areas, the Depart…

Section 334.5 Recognition of Local Boards or Local Service Systems On the basis of competitive applications, the Department may recognize a local board or local service system as the body responsible for comprehensive and integrated community-based youth services in an establishe…

Section 334.6 Requirements of the Governing Boards of the Local Board or Service System a) Any body, in order to be recognized as the governing board of a local board or local service system, shall be legally incorporated under the laws of the State of Illinois and must not be a …

Section 334.7 Application Requirements for Recognition as a Local Board or Local Service System Each application for recognition as a local board or local service system shall include: a) The results of the youth needs assessment which shall include: 1) A review of the demographi…

Section 334.8 Competitive Application Renewal and Recompetition a) The Department may renew each designated local board or local service system annually for three consecutive years. Renewal will be accomplished by recontracting on the first day of the fiscal year, unless the loca…

Section 334.9 Review of Competitive Applications for Recognition of a Local Board or Local Service System a) In reviewing competitive applications pursuant to 89 Ill. Adm. Code 357.6, the Department shall use members of the Regional Youth Planning Committees. No person shall revi…

Section 336.10 Purpose The purpose of these rules is to explain the review and administrative hearing process the Department guarantees to persons requesting to amend/expunge identifying information from or remove the record of a child abuse or neglect report from the State Centr…

Section 336.100 Rights and Responsibilities in Administrative Hearings (Repealed) (Source: Repealed at 41 Ill. Reg. 15260, effective December 6, 2017)

Section 336.105 The Administrative Appeal Hearing The administrative appeal hearing shall consist of a pre-hearing conference and a hearing date during which testimony is taken and evidence is received. The appellant or the appellant's authorized representative shall be prepared …

Section 336.110 The Administrative Hearing and Pre-Hearing Conference (Repealed) (Source: Repealed at 41 Ill. Reg. 15260, effective December 6, 2017)

Section 336.115 Rights and Responsibilities During the Administrative Appeal a) Rights of the Minor 1) If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the J…

Section 336.120 The Administrative Law Judge a) Appointment of the ALJ The Chief Administrative Law Judge shall select a trained, impartial ALJ from the available pool to conduct the appeal hearing. The ALJ shall: 1) be an attorney licensed to practice law in the State of Illinoi…

Section 336.130 Consolidation and Severing Issues and Parties a) When common issues of fact or law are raised in more than one appeal, the Chief ALJ may consolidate the appeals into a single group hearing. Individuals shall be permitted to present their own cases separately. Noth…

Section 336.140 Exchange of Information a) All requests for information must be in writing and sent, in advance of the hearing, to the party from whom the information is sought. Any requests for information from a party must be served on the party and on the AHU. A party, without…

Section 336.150 Continuances a) No continuance of a scheduled pre-hearing conference or hearing shall be granted by the ALJ to any party except for good cause shown. 1) Good cause includes, but is not limited to: A) sickness or death in the immediate family of the appellant, the …

Section 336.160 Attendance of Witnesses The appellant and the Department's legal representative may subpoena any witness identified on the witness list and any witness or documents discussed at the pre-hearing conference, pursuant to Section 336.140, by requesting that the Chief …

Section 336.170 Testimony by Telephone a) For good cause shown, the ALJ may, on the ALJ's own motion or the motion of any party, allow a witness to testify at the administrative hearing by telephone. b) It is presumed that physicians and other professionals, in their professional…

Section 336.180 Interpreters and Translation of Documents a) A party whose language of preference is not English, or who will require communication assistance, shall declare his or her language of preference to the ALJ or the Department's legal representative at the pre-hearing c…