Illinois Administrative Code

Section 405.12 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 condition…

Section 405.13 Recommendation for Licensure of Day Care Homes a) Day care homes which require a license and are supervised by a day care agency shall be licensed in accordance with 89 Ill. Adm. Code 406: Licensing Standards For Day Care Homes. b) Applications and recommendations …

Section 405.14 License-exempt Day Care Homes The agency shall maintain on file, and available to the Department upon request, the names and addresses of all day care homes which are exempt from licensure under the Child Care Act of 1969 for which the day care agency provides admi…

Section 405.15 Supervision of Homes a) The day care agency shall be responsible for the supervision of each day care home licensed upon the agency's recommendation. b) Supervisory visits to the day care home shall be made at least quarterly to assist day care homes in meeting and…

Section 405.16 Administrative Services a) In addition to the examination and supervision of day care homes for licensure as required by this Part, the day care agency may provide other administrative services to day care homes. Such services shall only be provided in accordance w…

Section 405.17 Referral of Children The Day Care Agency Administrator or designee shall interview the parent(s) or guardian and child before suggesting day care home resources for the child. The parent(s) or guardian shall make the determination regarding placement of the child.

Section 405.18 Agreements with Day Care Homes a) A day care agency may provide substitute caregivers and may meet recordkeeping and reporting requirements set forth in 89 Ill. Adm. Code 406: Licensing Standards For Day Care Homes. The agency shall clearly state in its policies an…

Section 405.19 Records and Reports a) The agency shall maintain current records, as delineated in this Section, on each child receiving care or services, on agency personnel (including volunteers), and on each facility operating under its supervision. b) Records for each child sh…

Section 405.2 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 405.20 Confidentiality of Records a) The agency personnel shall respect the confidential nature of the child and personnel records. b) Information pertaining to an individual child shall be confidential and limited to agency staff designated by the Day Care Agency Adminis…

Section 405.21 Records Retention a) Personnel, general and financial records required of the day care agency shall be maintained for five years. Children's records shall be maintained for five years after the child has been discharged from care or services. Records of closed day …

Section 405.22 Cooperation with the Department a) Authorized representatives of the Department shall be admitted to the agency during the hours of operation for the purpose of determining compliance with the Child Care Act of 1969 and standards set forth in this Part. b) The day …

Section 405.23 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 Pa…

Section 405.3 Effective Date (Repealed) (Source: Repealed at 21 Ill. Reg. 4513, effective April 1, 1997)

Section 405.4 Application for License a) The application for license shall be completed by the officers of the governing body of the day care agency, or its authorized representative, on forms prescribed and furnished by the Department. b) For the application to be considered com…

Section 405.5 Application for Renewal of License a) Application forms for license renewal shall be mailed to the day care agency by the Department six months prior to the expiration date of the license. b) The application for the renewal of a day care agency license must be compl…

Section 405.6 Provisions Pertaining to License a) A day care agency license is valid for 3 years unless revoked by the Department or voluntarily surrendered by the licensee. b) The license shall not be transferred or transmitted to another person or other legal entity. c) The lic…

Section 405.7 Provisions Pertaining to Permits a) A permit shall not be issued prior to the following: 1) Completion of the application for license and submission to the Department; 2) Employment of an administrator who meets the standards set forth in Section 405.10 and who has …

Section 405.8 Responsibilities of the Governing Body a) The members of the governing body of the day care agency shall be legally responsible to the Department for maintaining the standards set forth in this Part. The members of the governing body shall be of reputable and respon…

Section 405.9 Finances a) The agency shall maintain a degree of financial solvency to assure compliance with the standards prescribed in this Part. An agency is considered insolvent if its financial condition is such that the sum of its debts is greater than all of its property, …

Section 406.1 Purpose The purpose of this Part is to prescribe the standards for licensure as a day care home and to describe how to apply for a license.

Section 406.10 Qualifications for Assistants a) Assistants shall have passed the background check in Section 406.9(a). b) Assistants shall be at least 14 years of age and at least 5 years older than the oldest child they supervise. Minor assistants shall be employed in accordance…

Section 406.11 Substitutes a) A substitute caregiver may be used in the home up to 25 child care hours per month and for an additional period of up to 2 weeks in a 12 month period. The supervising agency may approve additional time for family emergencies, medical reasons, and con…

Section 406.12 Enrollment and Discharge Procedures a) No child served in a day care home shall remain on the premises for more than 12 hours in any 24-hour period, unless the parent's employment schedule requires more than 12 hours of day care. Regardless of the parent's work or …

Section 406.13 Number and Ages of Children Served a) The maximum number of children under the age of 12 cared for in a day care home by a caregiver alone shall be 8. The maximum number includes the caregiver's own children, related children and unrelated children under age 12 liv…

Section 406.14 Health, Medical Care and Safety a) The caregiver shall conduct a daily, pre-admissions screening to determine if the child has obvious symptoms of illness. If symptoms of illness are present, the caregiver shall determine whether to provide care for the child, depe…

Section 406.15 Guidance and Discipline a) The caregiver shall use disciplinary measures designed and carried out in such a way as to help individual children develop self-control and assume responsibility for their own acts. 1) The caregiver shall establish simple, understandable…

Section 406.16 Activity Requirements a) The caregiver and parent shall discuss the child's health, development, behavior and activities to ensure consistency in planning for the child. b) The daily activities shall be well-balanced and geared to the needs of the children served. …

Section 406.17 Nutrition and Meals a) Food requirements for children between birth and the age of eating table food shall be geared to the individual needs of the child and determined by consultation with the parents. The facility shall provide one-third to two-thirds of the dail…

Section 406.18 Transportation of Children By Day Care Home a) Children may be transported only when the child/adult ratios in accordance with Section 406.13 are maintained and the person transporting is 18 years of age or older and has a valid driver's license for the vehicle cla…

Section 406.19 Swimming a) Swimming activities shall be supervised for safety. b) All children must be directly supervised (caregiver physically present with the children) at all times when children are wading or swimming. c) A second adult shall be available to supervise any chi…

Section 406.2 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 406.20 Children with Special Needs a) Children identified as having special needs shall have activities relating to those needs that are planned with parents and/or consultants. b) There shall be suitable space and equipment so that the child can function as safely and in…

Section 406.21 School Age Children a) A day care home receiving children within the school age range shall comply with the standards for day care homes except when inconsistent with the special requirements in this Section. b) Programs and activities that meet the developmental n…

Section 406.22 Children Under 30 Months of Age a) Children under 30 months of age shall not be permitted in bathrooms, kitchens, or other hazardous areas without the caregiver or assistant present. b) To minimize the risk of Sudden Infant Death Syndrome, children shall be placed …

Section 406.23 Night Care a) A day care home receiving children for night care shall comply with the standards prescribed for day care homes in addition to the special requirements prescribed in this Section. b) A child is considered enrolled in evening and/or night care when a m…

Section 406.24 Records and Reports a) Records as required by this Part shall be maintained and available for review by the Department. b) Information about the child and family shall be confidential as required by Section 406.25. c) There shall be a record of identifying informat…

Section 406.25 Confidentiality of Records and Information a) The caregiver shall respect the confidential nature of the child and family records. b) Information pertaining to the admission, progress, health, or discharge of an individual child shall be confidential and limited to…

Section 406.26 Cooperation with the Department a) Authorized representatives of the supervising agency or the Department shall be admitted to the facility during the facility's hours of operation for the purpose of determining compliance with the Child Care Act of 1969 and standa…

Section 406.27 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 Pa…

Section 406.3 Effective Date of Standards (Repealed) (Source: Repealed at 21 Ill. Reg. 4524, effective April 1, 1997)

Section 406.4 Application for License a) A complete application shall be filed with the Department of Children and Family Services by the supervising agency on forms prescribed and provided by the Department. b) Contents of Application 1) A complete application shall include: A) …

Section 406.5 Application for Renewal of License a) Application forms for license renewal shall be mailed to day care home licensees by the supervising agency 6 months prior to the expiration date of the license. b) The completed application shall be signed by the licensees and s…

Section 406.6 Provisions Pertaining to the License a) The licensees shall be a primary caregiver or caregivers who reside in the family home and meet the requirements of this Part. If there are joint licensees, they must be related and both must live in the family home. b) A day …

Section 406.7 Provisions Pertaining to Permits a) A permit shall not be issued until: 1) The application for licensure has been completed and signed by the applicants and all parts of the initial application requirements have been submitted to the Department; 2) The background ch…

Section 406.8 General Requirements for Day Care Homes a) The physical facilities of the home, both indoors and outdoors, shall meet the following requirements for safety to children. 1) The home shall have a first aid kit consisting of adhesive bandages, scissors, thermometer, no…

Section 406.9 Characteristics and Qualifications of the Day Care Family a) No individual may receive a license from the Department when the applicant, a member of the household age 13 and over, or any individual who has access to the children cared for in a day care home, or any …

Section 406.APPENDIX C Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Day Care Home A. The Department makes the presumption that an individual who has been determined to be a perpetrator of child abuse or neglect involving the all…

Section 407.1 Purpose (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.10 General Requirements for Personnel (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)