Illinois Administrative Code

Section 413.160 Recreation and Leisure Time Children shall be permitted and encouraged to participate in appropriate indoor and outdoor recreation. Host home parents are expected to use the reasonable and prudent parent standard for decision-making regarding the host home child's…

Section 413.170 Education a) Host home parents shall encourage each host home child to attend school or vocational training in accordance with the child's aptitude. Host home parents shall cooperate with the supervising agency in the host home child's educational plan, including …

Section 413.180 Discipline of Host Home Children a) Discipline shall be appropriate to the developmental age of the host home child, related to the child's act, and shall not be out of proportion to the particular inappropriate behavior. Discipline shall be implemented without pr…

Section 413.190 Emergency Care of Children In the case of an emergency requiring the absence of the host home parent from the host home, the host home parent shall notify the CCBYS agency. The CCBYS agency shall immediately notify DHS and DHS shall determine if appropriate arrang…

Section 413.20 Definitions "Approved carbon monoxide alarm" means a carbon monoxide alarm that complies with all requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most…

Section 413.200 Release of Children The host home parents shall not release a host home child to anyone except as authorized by DHS.

Section 413.210 Confidentiality of Information All personal or identifying information concerning a host home child, including but not limited to, the child's background, the child's family, and the identity and location of all other persons or families with whom the child has be…

Section 413.220 Records to be Maintained a) Records to be maintained by the host home family shall include: 1) the name and date of birth of each host home child placed in the host home; 2) the legal guardian of the host home child; 3) religion of the host home child; 4) arrangem…

Section 413.230 Licensing Supervision a) Host home parents shall cooperate with the Department or supervising agency to assure continuing compliance with licensing requirements. Each licensed host home, except those in non-active status, shall be visited at least annually by a li…

Section 413.240 Severability of This Part If any court of competent jurisdiction finds that any 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 Part.

Section 413.30 Application for License a) Application for license as a host home shall be completed, signed by the host home parent applicants, and filed with the Department by a licensed child welfare agency on forms prescribed by the Department. A complete application for host …

Section 413.40 Application for Renewal of License a) Application forms for license renewal shall be distributed via mail, email, or in person to host home parents by the supervising agency at least three months prior to the expiration date of the license. b) The completed, signed…

Section 413.50 Provisions Pertaining to the License a) A host home license is valid for four years unless revoked by the Department or voluntarily surrendered by the licensee. b) The number of children cared for in the host home shall not exceed the license capacity and shall con…

Section 413.60 General Requirements for the Host Home a) The host home shall be clean, well ventilated, free from observable hazards, properly lighted, heated and cooled, and free of fire hazards. b) The host home may not use or knowingly have on the premises any unsafe children'…

Section 413.70 Requirements for Sleeping Arrangements a) Each host home child shall be provided their own separate bed. b) The supervising agency can require that a host home parent occupy sleeping quarters on the same level of the home as a host home child who has medical or beh…

Section 413.80 Nutrition and Meals a) The host home shall provide at least three balanced meals per day in quantities sufficient to meet the recommended dietary allowances for nutritional needs of host home children. The time span between meals shall not be greater than 14 hours …

Section 413.90 Business and Employment of Host Home Parents a) The operation of other business enterprises on the premises is permitted but shall not interfere with the care of the host home child or endanger the health, safety, and welfare of the host home child. The supervising…

Section 413.APPENDIX B Criminal Convictions/Waivable Bars to Licensure If the host home applicant or any adult member of the household has been convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 o…

Section 429.1 Purpose These rules describe the Department's policy of nondiscrimination in employment practices. Refer to part 308, Nondiscrimination Requirements of Department Service Providers.

Section 429.2 Definitions "Affirmative action", as applied in this Part, is the undertaking of specific personnel steps in recruiting, selecting, placing, transferring, promoting, and other basic terms and conditions of employment, for the purpose of eliminating present effects o…

Section 429.3 The Department's Affirmative Action Policy a) The Department will not discriminate in employment on the grounds of race, color, religion, sex, marital status, national origin or ancestry, age, disability, order of protection status, military status, sexual orientati…

Section 429.4 Employment Discrimination Complaints a) Complaints of alleged employment discrimination shall be resolved informally whenever possible. If an employee or applicant for employment believes discrimination has occurred, the complainant should contact the Department adm…

Section 430.10 Purpose The purpose of this Part is to explain the internal review process for the Department's Office of Inspector General (OIG) investigations. This includes the filing of complaints, OIG records retrieval, subpoena power, confidentiality of information, and OIG …

Section 430.100 OIG Reports a) The Inspector General's report to the Director shall be in writing and shall contain recommendations. The OIG may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of either Department or priva…

Section 430.110 Annual Reports The OIG shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Part for the previous fiscal year. The summaries shall detail recommendations and the statu…

Section 430.120 Severability If any court of competent jurisdiction finds that 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 Part.

Section 430.20 Definitions "Administrator" means the person charged with administration of the Department Office, Private Agency or Licensed Child Care Facility. In the case of foster homes, it refers to either foster parent. "Department" means the Department of Children and Fami…

Section 430.30 Office of Inspector General (OIG) Investigations a) Investigations by the Office of Inspector General (OIG) 1) The Office of Inspector General (OIG) of the Department of Children and Family Services investigates allegations of, or incidents of, possible misconduct,…

Section 430.40 Complaints a) The Office of Inspector General accepts complaints in writing from the general public. The OIG also maintains a toll-free hotline for public complaints. Anyone wishing to file a complaint with the office may send written comments to: Office of the Ins…

Section 430.50 Cooperation with OIG Investigations a) All Department and private agency employees, foster parents and owners, operators and employees of licensed child care facilities shall cooperate with the OIG. Cooperation includes, but is not limited to: 1) permitting full ac…

Section 430.60 Records Retrieval a) In conducting investigations, the OIG shall access all relevant records, either through subpoena, impounding or voluntary production. The OIG investigator may impound the original of any record, file, document or paper necessary for the investi…

Section 430.70 Administrative Leave Whenever an employee of the Department or a private agency is placed on administrative leave or desk duty as a result of an interim OIG recommendation, the administrative leave or desk duty shall not exceed 90 days.

Section 430.80 Subpoena Powers a) The Inspector General shall have the power to subpoena witnesses and compel the production of records pertinent to an investigation authorized under this Part. b) The OIG may not subpoena witnesses or compel the production of records from a labor…

Section 430.90 Confidentiality a) OIG investigations access information that is confidential pursuant to numerous State and federal statutes and administrative rules. OIG reports are confidential because they contain information gleaned from these confidential records. OIG report…

Section 431.100 Disclosure of Mental Health and Developmental Disabilities Information Release of and access to clinical, social work, psychological, psychiatric or other information of a mental health nature shall be governed by Section 4 of the Mental Health and Developmental D…

Section 431.105 Disclosure of Alcoholism and Other Drug Abuse Records Records of the identity, diagnosis, prognosis or treatment of any patient maintained in connection with the performance of any program or activity related to alcohol or other drug abuse or dependency education,…

Section 431.110 Disclosure of Physical Health Information a) Health Information Portability and Accountability Act (HIPAA) 1) HIPAA regulations (45 CFR 164.512(b)(1)(ii)) specifically permit use or disclosure of protected health information with a public health authority or other…

Section 431.120 Removal of Records Prohibited Records of the Department may not be removed from Departmental facilities by non-Department staff, except as provided in Section 431.130, but may be photocopied. The Department may charge for the cost of reproducing said records at th…

Section 431.130 Impoundment of Records by the Office of the Inspector General (Repealed) (Source: Repealed at 28 Ill. Reg. 317, effective December 31, 2003)

Section 431.140 Applicability of This Part This Part shall apply to personal information contained in all closed, active and future records of the Department, regardless of whether they are maintained in written, microfilm or electronic (digital) storage. (Source: Amended at 39 I…

Section 431.15 Purpose The purpose of these rules is to specify: a) who has access to records which contain personal information about persons served by the Department or about the subjects of a child abuse or neglect report made to and investigated by the Department, and who mus…

Section 431.20 Definitions "ANCRA" means the Abused and Neglected Child Reporting Act [325 ILCS 5]. "Case record or record" means the record maintained for a family service case, a child service case, or a payment/monitoring-only case, which may include the child abuse/neglect (C…

Section 431.30 Maintenance of Records a) The Department, through its institutions, facilities and various offices shall maintain a record on all persons receiving services from the Department, either directly or through the purchase of services, and on all persons for whom a chil…

Section 431.40 Required Consents Prior to Disclosure of Personal Information a) Except as allowed in these rules, no personal information obtained concerning a person served by the Department or concerning the subjects of a child abuse or neglect report may be disclosed by the De…

Section 431.50 Client Access to Records Which Contain Personal Information a) Except as provided in this Section, persons served by the Department who have reached 12 years of age shall have full access to all records which contain their personal information, unless access is pro…

Section 431.55 Redaction All records that are released shall be redacted in accordance with this Part and applicable laws, including but not limited to the Abused and Neglected Child Reporting Act, the Mental Health and Developmental Disabilities Confidentiality Act, the Alcoholi…

Section 431.60 Subject Access to Records of Child Abuse and Neglect Investigations a) Subjects, including minor subjects, of reports of suspected abuse or neglect are allowed access to the child abuse/neglect investigative records which have been indicated or unfounded as specifi…

Section 431.70 Denial of Requests to Access Information A person shall be denied access to the following material which may be considered personal information: a) Adoption Records 1) The Department may deny a person his personal information in situations involving adoption when t…

Section 431.80 Disclosure of Records of Child Abuse and Neglect Investigations Record information about child abuse and neglect investigations may be shared with the following individuals without the consent of the subjects of the report. a) Department staff in the furtherance of…

Section 431.85 Public Disclosure of Information Regarding the Abuse or Neglect of a Child a) The Director or designee may disclose to the public information regarding the abuse or neglect of a child, if he or she determines that such disclosure is not contrary to the best interes…