Illinois Administrative Code

Section 401.15 Support Personnel (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.150 Acceptance of Accreditation through Deemed Status a) When a child welfare agency is fully accredited by the Council on Accreditation for Children and Family Services, Inc. (Council on Accreditation), 120 Wall Street, 11th Floor, New York, NY 10005 (2001 Standards)…

Section 401.155 Removal of Agency from Deemed Status The following shall occur before the Department is to remove an agency from Deemed Status: a) The Department shall have documentation of one or more substantiated violations that affect the health, safety, morals or welfare of …

Section 401.16 Volunteers (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.160 Voluntary Surrender of License a) At any time, a licensee may offer to voluntarily surrender a valid license. The licensee must verify whether: 1) the Department is investigating the child welfare agency for any licensing complaint or report of suspected abuse or …

Section 401.17 Background Checks (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.18 Legal Safeguards of Children Served (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.19 Required Written Consents (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.2 Definitions (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.20 Agency Responsibility (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.200 Agency Corporate Status a) Tax Exempt A child welfare agency providing adoption services after August 15, 2007 shall be officially recognized by the United States Internal Revenue Service as a tax-exempt organization described in section 501(c)(3) of the Internal …

Section 401.21 Interstate Placement of Children (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.210 Composition and Responsibilities of the Governing Body a) The governing body of a child welfare agency shall be all the members of the board of directors of the corporation. b) Each member of the governing body of the child welfare agency and principal shareholder…

Section 401.22 Health and Medical Services for Children (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.220 Organization and Administration a) The members of the governing body are responsible for maintaining the standards set forth in this Part. The governing body may delegate responsibility for day-to-day compliance with these standards to the agency executive directo…

Section 401.23 Records and Reports (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.230 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 a…

Section 401.24 Records Retention (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.240 Background Checks The agency shall have appropriate personnel procedures in place to insure that all persons subject to the background checks required by 89 Ill. Adm. Code 385 (Background Checks) authorize such checks and submit to fingerprinting (when required). …

Section 401.25 Agency Supervised Foster Family Homes, Group Homes and Day Care and Night Care Homes (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.250 Required Reporting to the Department a) Staff, Volunteers and Adoption Contractors 1) The child welfare agency shall maintain and submit reports on staff, volunteers and independent adoption contractors to the Department on forms prescribed by the Department: A) A…

Section 401.26 Severability of This Part (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998) SUBPART A: INTRODUCTION AND DEFINITIONS

Section 401.260 Required Record Keeping a) The child welfare agency shall maintain current records that shall be available for inspection by authorized persons from the Department and that shall include: 1) records of board membership and minutes of board meetings, as required by…

Section 401.270 Records Retention a) General and financial records required of the child welfare agency shall be maintained for at least 5 years. b) Personnel records shall be retained for at least 5 years after termination of the person's employment. c) Licensing Records 1) The …

Section 401.3 Effective Date of Standards (Repealed) (Source: Repealed at 21 Ill. Reg. 4502, effective April 1, 1997)

Section 401.30 Purpose a) The purpose of this Part is to prescribe the standards for licensure as a child welfare agency and to describe how to apply for a child welfare agency license. This Part also prescribes the duties of a child welfare agency to monitor and supervise child …

Section 401.300 The Executive Director a) The child welfare agency shall hire an executive director who shall be a full-time employee designated by the governing body to carry out the day-to-day management of the child welfare agency and the policies and procedures established by…

Section 401.310 Qualifications of Child Welfare Supervisors All persons employed as child welfare supervisor are required to be in full compliance with 89 Ill. Adm. Code 412, Licensure of Direct Child Welfare Service Employees and Supervisors and all other applicable requirements…

Section 401.311 Request for Approval of Applicants under Section 401.310(b) through (d) When a child welfare agency wants to hire a child welfare supervisor applicant with qualifications under Section 401.310(b) through (d), the Workforce and Educational Transcript Review Committ…

Section 401.312 Workforce and Educational Transcript Review Committee (WETRC) a) The Department’s Central Office of Licensing shall establish a Workforce and Educational Transcript Review Committee (WETRC) whose purpose shall be as follows: 1) For applicants with qualifications u…

Section 401.313 Final Administrative Decision a) The Associate Deputy or designee shall make the final administrative decision whether to approve or deny a request to approve an applicant with the qualifications under Section 401.310(b) through (d) for a child welfare supervisor …

Section 401.314 Progress and Compliance Review a) An applicant with qualifications under Section 401.310 (c) or (d) approved for the child welfare supervisor position shall be subject to progress review towards compliance with time frames for application, enrollment and completio…

Section 401.315 Acceptable Degrees a) The following degrees shall be accepted as human services degrees: 1) Child, Family and Community Services 2) Early Childhood Development 3) Guidance and Counseling 4) Home Economics - Child and Family Services 5) Human Development Counseling…

Section 401.320 Child Welfare Workers Child welfare workers perform administrative duties, supervise placement of children, evaluate goals for placement, prepare progress reports, provide services to family members, arrange and supervise visits between children in placement and t…

Section 401.330 Licensing Staff Child welfare agencies may have staff who are trained and authorized to perform the licensing function as part of their duties as a child welfare worker or may designate licensing as a separate function as long as the staff meet the minimum qualifi…

Section 401.340 Professional Staff Professional staff such as social workers, clinical social workers, psychologists, psychiatrists, physicians, dentists, teachers, occupational therapists, physical therapists, marriage and family therapists, and professional counselors must prov…

Section 401.350 Support Personnel Clerical and secretarial services shall be provided to maintain correspondence, records, bookkeeping and files in current and good order. Janitorial and maintenance staff or services shall be provided to keep the building and grounds in proper or…

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)