Illinois Administrative Code

Section 384.110 Severability of this Part If any court of competent jurisdiction finds 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 Par…

Section 384.120 Severability of this Part If any court of competent jurisdiction finds 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 Par…

Section 384.20 Definitions "Agency Behavior Treatment Plan" means an agency document that outlines to the Department all behavior treatment procedures that may be employed at the facility. The plan shall include: • Behavioral Treatment Purpose Statement: This statement shall stip…

Section 384.30 Agency Behavior Treatment Plans in Child Care Facilities Each child care facility that accepts children for whom the Department of Children and Family Services is legally responsible shall develop an Agency Behavior Treatment Plan that describes the facility's prog…

Section 384.40 Limitations of Discipline (Repealed) (Source: Repealed at 26 Ill. Reg. 4623, effective March 15, 2002)

Section 384.45 Behavior Intervention Requirements for the Use of Discipline a) Discipline may only be used to help a child develop self-control and learn to assume responsibility for his or her own actions. b) In order to help a child know the rules of a child care facility, each…

Section 384.5 Behavior Management Techniques (Repealed) (Source: Repealed at 19 Ill. Reg. 8165, effective June 9, 1995)

Section 384.50 Behavior Management Requirements for the Use of Manual Restraints Each application of manual restraint may be used only as a therapeutic measure when a child presents a threat of physical harm to self or others. Such threat shall include any dangerous behavior reas…

Section 384.60 Behavior Management Requirements for the Use of Mechanical and Medical Restraints No child in a facility licensed by the Department of Children and Family Services shall be subjected to mechanical restraints, as described in Section 384.20. (Source: Old Section 384…

Section 384.70 Behavior Management Requirements for the Use of Seclusion Seclusion is limited to children age six and older who have been placed in a child care facility and who pose a threat of physical harm to themselves or others. Such threat may include any dangerous behavior…

Section 384.80 Self-Governance Programs a) Child care facilities may institute organized self-governance programs supervised by staff that allow peers to participate in the discipline or behavior management of peers upon compliance with this Section; however, effective April 1, 2…

Section 384.90 Reports Child care facilities shall report to the Department licensing authority unusual incidents regarding discipline and behavior management of children placed in the facility. a) The facility shall report as an unusual incident: 1) any injury received by a chil…

Section 384.APPENDIX A Matrix of Behavior Treatment Techniques Approved Crisis Intervention and Behavior Management Models Organization/Models Address Crisis Intervention Training Associates (CITA) Tom Ronquillo 1214 East Grove Street Bloomington, Illinois 61701 Phone 309.828.001…

Section 385.10 Purpose The purpose of this Part is to ensure the safety and well-being of children cared for by non-licensed service providers, or in any child care facility subject to licensing by the Department of Children and Family Services by requiring that the operators of …

Section 385.100 Confidentiality of Background Check Information Any employee of the Department of Children and Family Services, Illinois State Police, or a child care facility receiving confidential information under Section 4.1 and Section 4.3 of the Child Care Act of 1969 who g…

Section 385.110 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 385.20 Definitions "Access to children" means an employee's job duties requires that the employee be present in a licensed child care facility during the hours that children are present in the child care facility. In addition, any person who is permitted to be alone outsi…

Section 385.30 Background Checks for Day Care Homes, Group Day Care Homes, and Day Care Centers a) Individuals subject to a partial background check. 1) Household members in a day care home or group day care home ages 13 through 17 who are not employees or volunteers, even if the…

Section 385.31 Probationary Day Care Employees Both the Child Care Act of 1969 [225 ILCS 10] and the Child Care and Development Block Grant Act of 2014 (CCDBG) (45 CFR 98.43) permit probationary employment at a day care home, group day care home, or day care center. A probationar…

Section 385.32 Parental Involvement Parental involvement in a day care facility does not require a background check. Nothing in this Part is intended to prohibit a parent from being left alone unsupervised with only their own children. When a required staff position is filled by …

Section 385.33 Non-Licensed Service Providers that Operate Within a Family Home When a non-licensed service provider operates in a family home, background checks must be completed in accordance with Subpart B. (Source: Added at 50 Ill. Reg. 6445, effective April 24, 2026)

Section 385.34 Additional Restrictions for Day Care Facilities In addition to criminal background check restrictions listed in Appendix A, day care home, group day care home, and day care center applicants/licensees, adult household members, employees, and volunteers shall be ine…

Section 385.35 Background Checks for Foster Family Homes and Host Homes a) Individuals subject to a partial background check. 1) Household members in a foster family home or host home ages 13 through 17 who are not employees or volunteers, even if these members of the household a…

Section 385.36 Placement Decisions in Foster Family Homes Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime informat…

Section 385.37 Background Checks for Child Welfare Agencies and Congregate Care Facilities a) Persons subject to a child welfare agency or congregate care criminal background check via fingerprints: 1) The operator of a congregate care facility; 2) All individuals employed at a c…

Section 385.38 Pre-Hire Offer of Employment for Child Welfare Agencies and Congregate Care Facilities Individuals who have authorized the background check may receive a pre-hire offer of employment by a child welfare agency or congregate care facility pending the outcome of the r…

Section 385.40 Authorization for Background Checks a) Persons Required to Authorize Background Checks 1) All persons described in Sections 385.30(a), 385.35(a), and 385.37(a) are required to authorize background checks (as defined in Section 385.20) and shall authorize those chec…

Section 385.50 Child Abuse or Child Neglect Individuals identified as a perpetrator of a child abuse and neglect report in a single report with a five-year retention period shall be assessed under subsection (a). Identification of an individual as a perpetrator of a single child …

Section 385.60 Criminal Convictions and Pending Criminal Charges a) Non-Waivable Convictions that are Bars to Licensure/Employment 1) Persons convicted of crimes or convicted of attempting to commit crimes identified as lifetime (non-waivable) bars in Appendix A of this Part shal…

Section 385.70 Disposition of Background Checks a) Persons subject to background checks shall be ineligible for licensure, employment or volunteer service, or be a member of a household if such individuals: 1) Refuse to consent to a background check, as defined in Section 385.20;…

Section 385.80 Appeal of Decision to Deny License or Permit Based on Background Check Information a) Notice of Decision to Deny Licensure Based Upon Background History 1) When an application for licensure is denied due to criminal background history or identification as an indica…

Section 385.90 Records to be Maintained by the Child Care Facility a) The governing body or operator of a child care facility shall maintain a copy of the authorization for background check forms. The results of the background checks shall be maintained as part of the personnel r…

Section 385.APPENDIX A Criminal Convictions Preventing Licensure, Employment, or Residence in a Family Home in Which a Child Care Facility Operates No applicant may receive a license from the Department, and no person may be employed by a child care facility licensed by the Depar…

Section 386.10 Purpose The purpose of this Part is to ensure: a) that all child care facilities licensed by the Department are aware of the provisions of the Children's Product Safety Act that apply to them. b) that all child care facilities licensed by the Department conduct ong…

Section 386.20 Definitions "Child care facility" means any person, group of persons, agency, association, organization, corporation, institution, center, or group, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more ch…

Section 386.30 General Requirements a) Notification The Department of Children and Family Services shall notify all licensed child care facilities of the applicable provisions of the Children's Product Safety Act. b) Information to be provided to child care facilities: 1) A writt…

Section 386.40 Licensing Compliance a) Responsibility of Child Care Facilities 1) Upon notification of the provisions of the Children's Product Safety Act, and with each periodic update, the facility shall inspect its premises and immediately dispose of any unsafe children's prod…

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…