Illinois Administrative Code

Section 407.340 Diapering and Toileting Procedures a) Each area serving children wearing diapers or disposable pull-ups shall have a designated diapering area that includes at least the following: 1) An accessible hand-washing sink within the same room without barriers such as do…

Section 407.35 Severability of This Part (Renumbered) (Source: Renumbered to 407.400 at 22 Ill. Reg. 1728, effective January 1, 1998) SUBPART A: INTRODUCTION, DEFINITIONS, AND APPLICABILITY

Section 407.350 Napping and Sleeping a) When a child's time in attendance at the day care center requires sleep or nap provisions, the center shall provide a separate crib, bed or cot and individual sheets and bedding. 1) Children under 6 years of age who are not enrolled in kind…

Section 407.360 Medications a) The day care center shall maintain a written policy regarding medications. b) Both prescription and non-prescription medication shall be accepted only in its original container. 1) Prescription medications shall be labeled with the full pharmacy lab…

Section 407.370 Physical Plant/Indoor Space Partially exempt programs are exempt from these standards. a) Buildings used for day care center programs shall be in good shape and operable and must comply with all applicable fire safety standards. 1) The building housing a center sh…

Section 407.380 Equipment and Materials a) Equipment and materials for both indoor and outdoor use shall be appropriate to the age and developmental needs of the children served. The day care center may not use or have on the premises any unsafe children's product as described in…

Section 407.390 Outdoor Play Area Partially exempt programs are exempt from these standards. a) An outdoor play area shall be provided unless the program operates less than three hours per day in accordance with Section 407.200(d)(3) or a waiver has been granted by the Department…

Section 407.4 Application for License (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.40 Purpose and Applicability a) The purpose of this Part is to prescribe the minimum standards for licensure as a day care center and to describe how to apply for a license. This Part also establishes requirements for the daily operation of day care centers that serve…

Section 407.400 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 407.45 Definitions "Accredited college or university" means a college or university that has been accredited by a regional or national institutional accrediting association recognized by the U.S. Department of Education or a non-governmental recognition counterpart. "Age-…

Section 407.5 Application for Renewal of License (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.50 Application for License a) The application for license shall be completed by the officers of the governing body of the day care center, or its authorized representative, on forms prescribed and furnished by the Department. b) Only complete applications shall be pro…

Section 407.55 Application for Renewal of License a) Application forms for license renewal shall be mailed to the day care center by the Department 6 months prior to the expiration date of the license. b) The application for the renewal of a day care center license must be comple…

Section 407.6 Provisions Pertaining to the License (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.60 Provisions Pertaining to the License a) A day care center license is valid for three 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…

Section 407.65 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 a child care director who has passed the background check requirements of 89 Ill…

Section 407.7 Provisions Pertaining to Permits (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.70 Organization and Administration a) The members of the governing body of the day care center 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 responsible …

Section 407.8 Organization and Administration (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.80 Confidentiality of Records and Information a) The facility personnel shall respect the confidential nature of the child and personnel records. b) Information pertaining to the admission, progress, health, or discharge of an individual child shall be confidential an…

Section 407.9 Finances (Repealed) (Source: Repealed at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.90 Staffing Structure a) The day care center shall provide staff to ensure the care and safety of the children at all times. 1) A written staffing plan shall organize the staff and enable them to give the children continuity of care and supervision. 2) Each staff pers…

Section 407.APPENDIX C Equipment for School-Age Children MINIMUM EQUIPMENT AND SUPPLIES: SCHOOL-AGE PROGRAMS The quantities of equipment and supplies for school-age programs may be defined in three possible ways: 1) The proportion for the total program size, as defined by the max…

Section 408.1 Purpose a) The purpose of this Part is to prescribe the standards for licensure as a group day care home and to describe how to apply for a license. b) The licensing standards set forth in this Part are applicable to group day care homes as defined in the Child Care…

Section 408.10 Application for License a) A complete application shall be filed with the Department of Children and Family Services on forms prescribed and provided by the Department. b) Contents of Application 1) A complete application shall include: A) a completed, signed and d…

Section 408.100 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 physicians, nurses, psychologists, social workers, speech therapists, physical and occupational therapists…

Section 408.105 Children Under 30 Months of Age a) Children under 30 months of age shall not be permitted in bathrooms, kitchens, or hazardous areas without the caregiver or assistant present. b) To minimize the risk of Sudden Infant Death Syndrome, children shall be placed on th…

Section 408.110 School Age Children a) A group day care home receiving children within the school age range shall comply with the standards for group day care homes except when inconsistent with the special requirements in this Section. b) The facility shall provide a designated …

Section 408.115 Night Care a) A group day care home receiving children for night care shall comply with the standards prescribed for group day care homes in addition to the special requirements prescribed in this Section. b) A child shall be considered to be enrolled in evening a…

Section 408.120 Records and Reports a) A facility shall maintain a record file on the children enrolled. 1) A written application for admission of each child shall be on file with the signature of the parent or guardian. 2) An alphabetic card file or register on each child shall …

Section 408.125 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 t…

Section 408.130 Cooperation with the Department a) Authorized representatives of 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 standards set forth in this Par…

Section 408.135 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 408.15 Application for Renewal of License a) Application forms for license renewal shall be mailed to group day care home licensees by the Department 6 months prior to the expiration date of the license. b) The completed application shall be signed by the licensees and su…

Section 408.20 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. Further, the licensees shall be an individual, a man and woman married to each other or 2 persons …

Section 408.25 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 c…

Section 408.30 General Requirements for Group 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, non-perm…

Section 408.35 General Requirements for Group Day Care Home Family a) Each person subject to background checks, as defined in Section 408.5, shall authorize the background check required by 89 Ill. Adm. Code 385 (Background Checks) and be cleared in accordance with the requiremen…

Section 408.40 Background Checks 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 group day care home, or any employee of the group day care ho…

Section 408.45 Caregivers a) The caregiver is responsible for the day-to-day operation of the group day care home in accordance with the standards prescribed in this Part. b) The caregiver or a designated child care assistant meeting the requirements of this Section shall be at t…

Section 408.5 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 408.50 Child Care Assistants a) Assistants shall have passed the background check requirements in Section 408.40(a). b) Part-time assistants shall be at least 14 years of age and 5 years older than the oldest child they supervise. Minor assistants shall be employed in acc…

Section 408.55 Substitutes a) A substitute caregiver may be used in the home up to 25 child care hours per month and for an additional period not to exceed 2 weeks in a 12 month period. The supervising agency may approve additional time for family emergencies, medical reasons, an…

Section 408.60 Enrollment and Discharge Procedures a) No child served in a day care facility 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 emplo…

Section 408.65 Number and Ages of Children Served Appendix H includes a chart of the number and ages of children who can be served. a) A Caregiver Alone 1) The maximum number of children under the age of 12 cared for in a group day care home by a caregiver alone shall be 8 except…

Section 408.7 Effective Date of Standards (Repealed) (Source: Repealed at 21 Ill. Reg. 4563, effective April 1, 1997)

Section 408.70 Health, Medical Care and Safety a) A medical report, on forms prescribed by the Department, shall be on file for each child, on the first day of care, and shall be dated no earlier than 6 months prior to enrollment. 1) The medical report shall be valid for 2 years,…

Section 408.75 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 408.80 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…