Illinois Administrative Code

Section 361.4 Rules for Placement Under Section 5-7 of the Juvenile Court Act a) Agencies and probation officers may place minors under Section 5-7 of the Juvenile Court Act only when such minors are: 1) placed in the least restrictive setting which most closely approximates a fa…

Section 361.5 County Certification that Child Care Facilities Not Licensed by the Department Meet Licensing Standards Child Care facilities used solely by a single circuit court for the placement of minors adjudicated as wards of the Court under Section 5-7 of the Juvenile Court …

Section 361.6 Reimbursement Rate a) The maximum reimbursement rates to counties for children placed in shelter care pursuant to Section 3-3 of the Juvenile Court Act and for children adjudicated as wards of the court and placed in accordance with Section 5-7 of the Juvenile Court…

Section 361.7 Reimbursement Process Counties must submit forms prescribed by the Department to the Department by the 20th of the month following the month in which placement was provided to claim for reimbursement.

Section 361.8 Payment Review When the reimbursement claiming forms are completed correctly, the Department will immediately process the payment to the county. However, as a condition of payment, the Department requires that sufficient accounting and relating financial records be …

Section 362.1 Purpose This rule explains the sources and use of the bail fund established by the Department of Children and Family Services.

Section 362.2 Definitions "Bail fund" means a distinct fund established by the Department for purposes described in this rule. "Custodian of account" means the Department designee responsible for issuing checks against the bail fund and performing designated tasks. "Trustees of t…

Section 362.3 Purpose of the Fund a) The monies deposited in the bail fund may be used only to obtain release of children the Department serves from detention facilities. b) The Department will seek the release of children from detention facilities when it is determined appropria…

Section 362.4 Sources of the Fund Monies deposited in the bail fund may be from the following sources: a) a donor who designates the money for the bail fund for children served by the Department, and b) a donor who does not specify a purpose for the donated money except that it b…

Section 362.5 Handling of the Fund a) The custodian of the account shall: 1) keep records of all transactions, 2) make reports as required by law or by the Director of the Department, 3) invest surplus funds in accordance with state law as he deems appropriate, and 4) issue check…

Section 362.6 Department and Employee Liability a) The Department is not obligating itself to any liability in the event bail is forfeited when money from the bail fund is made available to the child. b) No Department employee is authorized to sign as surety for any child served …

Section 362.7 Criteria for Bail Each request for bail funds shall be reviewed by the trustees when the amount will exceed $150.00 or by those designated by the Department administrator responsible for program operations when the amount will not exceed $150.00. The following crite…

Section 363.10 Purpose The purpose of this Part is to describe Residential Services Construction Grants that may be offered by the Department, how to apply for a Residential Services Construction Grant from the Department, what information is considered when deciding whether a gr…

Section 363.20 Definitions "Board" means the Illinois Capital Development Board [20 ILCS 530/5]. "Department" means the Illinois Department of Children and Family Services [20 ILCS 530/5]. "Residential services" means child care institution care, group home care, independent livi…

Section 363.30 Operation of the Grant Program a) The Department, in consultation with the Board, shall establish the DCFS Residential Services Construction Grant Program and, pursuant to the Department's resource allocation management plan determined in consultation with eligible…

Section 363.40 Eligibility for Grant a) To be eligible for a grant under this Part, a recipient must be a residential services provider with which the Department contracts for residential services [20 ILCS 530/15]. b) All grant requests shall be submitted, in writing, to the Depa…

Section 363.50 Use of Grant Moneys a) A recipient of a grant under this Part may use the grant moneys to do any one or more of the following to improve services for Department clients: 1) Acquire a new physical location for the purpose of delivering licensed residential services.…

Section 363.60 Reporting Within 60 days after the first year of a grant under this Part, the grant recipient must submit a progress report to the Department. The Department may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal s…

Section 376.10 Purpose a) The purpose of this Part is to prescribe the process to be used to notify the general community when a child care institution, maternity center, and/or group home proposes to change its program or services. b) This Part applies to child care institutions…

Section 376.20 Definitions "Child" means any person under 18 years of age. For purposes of admission to and residence in child care institutions, group homes, and maternity centers, the term also means any person under 21 years of age who is referred by a parent or guardian, incl…

Section 376.30 Public Notice and Department Approval a) A child care institution, maternity center or group home shall request in writing Department approval in accordance with 89 Ill. Adm. Code 403 (Licensing Standards for Group Homes) and 89 Ill. Adm. Code 404 (Licensing Standa…

Section 377.1 Purpose These rules clarify the conditions certain child care facilities and programs must meet in order to qualify as exempt from licensure as child care facilities under the Child Care Act of 1969. Facilities and programs not meeting conditions enumerated herein a…

Section 377.2 Definitions "Accredited" means accredited by the North Central Association of Schools and Colleges, its regional counterparts, or the National Accreditation Council. "Child" means any person under 18 years of age [225 ILCS 10/2.01]. "Child care facility" means any p…

Section 377.3 Day Programs Exempt From Licensure a) Whether called "schools", "child care centers", "nursery schools", "kindergartens", "day nurseries", or similar names, the following day programs are exempt from licensure as day care centers to the extent that their services ar…

Section 377.4 Part Day Child Care Facilities a) Part day child care facilities are required to provide written notification to the Department of their operation. The written notification shall include the following: 1) The name of the church, religious organization or social serv…

Section 377.5 Child Care Facilities Under Single Circuit Court In accordance with 89 Ill. Adm. Code 361.5, child care facilities used solely by a single circuit court for the placement of minors adjudicated as wards of the Court under Section 5-7 of the Juvenile Court Act (Ill. R…

Section 377.6 License Required for Government Benefit Any facility, program or agency otherwise exempt from licensure may apply for a child care license if such a license is required in order to qualify for a governmental benefit. Such entities shall be licensed upon compliance w…

Section 377.7 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 Par…

Section 378.10 Purpose The purpose of this Part is to prescribe the standards for the Statewide toll-free day care information line for licensed day care homes, group day care homes, day care centers and day care agencies.

Section 378.20 Definitions "Complaint" means any report to the Department alleging violation of the laws or rules related to the licensing of child care facilities. "Day care agency" means any person, group of persons, public or private agency, association or organization which u…

Section 378.30 General Requirements and Operation of Day Care Information Line a) Hours of Operation The Department of Children and Family Services shall establish and maintain a Statewide toll-free number that will be staffed from 8:30 a.m.-5:00 p.m., Monday through Friday, excl…

Section 379.1 Purpose The purpose of these rules is to clarify the authority of the Department of Children and Family Services to license and regulate child care facilities when another governmental unit enacts local licensing or regulatory ordinances.

Section 379.2 Definitions "Child care facility" means persons or corporations who provide care for children not related to the operator of the facility for all or part of the day away from the child's home. These facilities are specifically identified by type in the Child Care Ac…

Section 379.3 Regulation By Other Governmental Units a) The Department of Children and Family Services will attempt to cooperate with other governmental units to assure that child care facilities are available throughout the state and to protect the health and safety of children …

Section 379.4 Issuance of State Licenses State licenses will be issued to child care facilities when state established standards for licensure have been met.

Section 381.1 Purpose The purpose of this rule is to regulate advertising by child care facilities.

Section 381.2 Definition "Child care facility" means persons or corporations who provide care for children for all or part of the day outside of the children's own homes. These facilities are specifically identified in the Child Care Act (Ill. Rev. Stat., ch. 23, Sec. 2211 et seq…

Section 381.3 Advertising Prior to Licensure Unlicensed child care facilities are prohibited from advertising unless: a) they have applied for a license and have proceeded in good faith to meet Departmental licensing standards and the advertising relates prospectively to the rend…

Section 382.1 Purpose These rules describe the process used by the Department of Children and Family Services to license family homes in Illinois supervised by agencies in Illinois or in states adjacent to Illinois which are exempt from Illinois licensure. In addition, these rule…

Section 382.10 Continuing Operation and Supervision of Family Homes When the joint agreement is terminated, the family homes in Illinois which the agency supervised shall continue to operate as before termination of the agreement, providing the family homes remain in compliance w…

Section 382.2 Definitions "Family homes" mean foster family homes and day and night care homes in Illinois which are licensed or subject to licensure by the Department of Children and Family Services. For a complete definition of these homes, refer to The Child Care Act, Illinois…

Section 382.3 Requirements for License-Exempt Agencies a) License-exempt agencies shall meet the standards for licensure as required in Part 401, Licensing Standards for Child Welfare Agencies. b) An Illinois state agency shall file with the Department the citation of legal autho…

Section 382.4 Joint Agreements License-exempt agencies which meet the requirements specified in these rules shall enter into joint agreements with the Department of Children and Family Services, as the Department deems necessary, regarding the placement of children in licensed fa…

Section 382.5 Licensing Family Homes a) The Department of Children and Family Services shall issue and renew licenses of family homes located in Illinois which are supervised by license-exempt agencies providing such homes are in compliance with the applicable rules adopted by th…

Section 382.6 Agency Reports and Records a) In accordance with Department licensing standards, the agency shall submit to the Department: 1) changes affecting the licensure status of its homes in Illinois on forms provided by the Department, and 2) reports requested by the Depart…

Section 382.7 Agency Services Provided to Children An agency shall provide services to children as prescribed by the Department's rulemaking, Part 401, Licensing Standards for Child Welfare Agencies. An agency may apply any other standards, policy, or procedure which does not dim…

Section 382.8 Department Responsibilities a) The Director of the Department of Children and Family Services shall designate staff to serve as the Department's liaison in working with license-exempt agencies. b) The Department shall: 1) furnish agencies with copies of laws, standa…

Section 382.9 Termination of Joint Agreements a) The causes for terminating a joint agreement shall be: 1) the agency fails to comply with any of the terms in the agreement; 2) the agency has ceased to do business, or its business will no longer include supervising Illinois famil…

Section 384.10 Purpose a) The purpose of this Part is to explain acceptable behavior treatment techniques and to assure that these techniques are used only under controlled conditions by appropriately trained personnel. This Part will also identify limitations and restrictions on…

Section 384.100 Secure Residential Care (Repealed) (Source: Repealed at 26 Ill. Reg. 4623, effective March 15, 2002)