Illinois Administrative Code

Section 431.90 Disclosure of Personal Information Without Consent a) Persons Who May Receive Personal Information Without Consent The Department shall disclose personal information to the following persons or category of persons without the consent of the individual only in accor…

Section 432.1 Purpose These rules describe the position of the Department toward research that proposes to involve children for whom the Department has legal responsibility and their families or which proposes to involve current or former families and children who are or have rec…

Section 432.2 Definitions "Maximum allowable risk" means the greatest tolerable risk the Department will permit to the children and families it serves. This risk must not be greater overall than would be normally encountered in the daily lives or in routine medical or psychologic…

Section 432.3 Responsibilities of the Research Review Board a) The Research Review Board will receive, review and analyze all proposed research which would involve children and families served by the Department, or records of such children and families, and research proposed by D…

Section 432.4 Membership of the Research Review Board The Director of the Department will appoint at least three persons to the Research Review Board to serve annual terms which may be renewed. At least one Department attorney and one social worker will be appointed. The social w…

Section 432.5 Criteria by Which Proposed Research Will be Evaluated a) Proposed research involving children and families currently or formerly served by the Department submitted to the office designated by the Director, shall meet the following criteria: 1) offers minimal risk to…

Section 432.6 Voluntary Assent of Minors and Consent of Adults and Families Adequate provisions will be made for the voluntary assent of minors who are capable of assent and for the consent of adults who will be directly involved in such research through interviewing, completing …

Section 432.7 Use of Experimental Drugs The Department shall not permit the purely experimental use of drugs in research. No drug of an experimental nature may be given or administered in any form or manner for research purposes to any minor served by the Department. These rules …

Section 432.8 Retention of Records a) All records pertaining to the human subject aspects of approved research projects, including but not limited to consent forms, data collection instruments, population/sampling lists, shall be retained by the researchers for a period of at lea…

Section 432.9 Final Approval of Research Involving Children and Families a) The Director of the Department of Children and Family Services or his designee, will make all decisions, including approval, approval with stipulations, or disapproval for each proposed research project i…

Section 433.1 Purpose This rule defines the conditions under which Department facilities and grounds may be used for non-Department business.

Section 433.2 Definitions "Department facilities and grounds" means properties owned or leased by the Department of Children and Family Services for the purpose of providing, or supporting the provision of, child welfare services. "Facility administrator" means the Department emp…

Section 433.3 Employee Organization Requests Official employee organizations representing Department employees may request permission from a facility administrator to use assembly halls, auditoriums, and similar meeting rooms to conduct union business on an as needed basis, free …

Section 433.4 Community Citizen Group Requests (Repealed) (Source: Repealed at 38 Ill. Reg. 22631, effective November 21, 2014)

Section 433.5 Solicitation of Employees by For-Profit Organizations or Individuals a) No individual or collective solicitations by persons representing for-profit organizations shall be permitted on Department owned or leased property during either work or non-work hours. Names o…

Section 433.6 Request Approval The facility administrator shall grant employee organizations permission to use facility space on a non-discriminatory first come-first served basis when: a) The meetings do not interfere with the Department's operation and use of the facilities; b)…

Section 434.1 Purpose The purpose of this Part is to define the scope of the audits/reviews and investigations conducted by the Department. This Part also explains the process the Department will use when conducting audits/reviews and investigations of private agencies that contr…

Section 434.10 Administrative Hearings of Draft Audit Findings and Recommendations a) When a request for an administrative hearing is received, the administrator of the Administrative Hearings Unit will grant a request for a hearing only when the following conditions are met: 1) …

Section 434.11 Referrals by Department Employees to the Investigations Unit (Repealed) (Source: Repealed at 29 Ill. Reg. 8732, effective June 8, 2005)

Section 434.12 Severability of This Part 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…

Section 434.2 Definitions "Audit/Review" means an examination of financial transactions, accounts and reports, and an evaluation of internal controls or an evaluation of compliance with applicable laws and regulations. An audit/review may also include an examination of efficiency…

Section 434.3 Audit Standards to be Applied and Audit Procedures to be Followed for the Office of Financial Review − OFR Compliance audits and/or reviews of entities shall be performed in accordance with the Fiscal Control and Internal Auditing Act [30 ILCS 10], 44 Ill. Adm. Code…

Section 434.4 Scope of the OFR Audit/Review or Investigation a) The Department reserves the right to conduct audits/reviews, limited reviews, follow-up reviews and/or investigations of entities that contract with or are licensed by the Department. The Department may elect to desi…

Section 434.5 Reports of OFR Auditors a) All entities that undergo a Department audit, review or investigation shall be provided a draft copy and a final copy of the report. b) The audited entity shall be provided with a draft copy of the audit or review within 30 business days a…

Section 434.6 Exit Conferences All entities that undergo a Department audit, review or investigation shall be given the opportunity for an exit conference and an administrative hearing of the Department's findings and recommendations. The requirements for requesting a review of t…

Section 434.7 Certified Audits, Cost Reports and Desk Reviews a) The Department's requirements for providers include the annual filing of a cost report in accordance with 89 Ill. Adm. Code 356 (Rate Setting) and an audit report in accordance with 89 Ill. Adm. Code 357 (Purchase o…

Section 434.8 Records Maintenance and Availability for Audit All records specified in the Department's rules on Service Delivery (89 Ill. Adm. Code 300-313), Fiscal Administration (89 Ill. Adm. Code 351-362), and Licensing Standards (89 Ill. Adm. Code 377-410, as appropriate for …

Section 434.9 Responsibilities of the Office of Financial Review The Department of Children and Family Services is mandated by the Fiscal Control and Internal Auditing Act [30 ILCS 10] to monitor, report on, and enforce Department compliance with federal and State statutes, Depar…

Section 435.1 Purpose The purpose of these rules is to identify for the public those parts adopted by the Department of Children and Family Services which explain how Department decisions may be appealed. Appeals may be filed by a Department employee or an applicant for employmen…

Section 435.2 Definition "Appeal" means a request to modify or revoke a decision made by the Department.

Section 435.3 Parts Which Contain Appeal Provisions The following parts filed with the Illinois Secretary of State by the Department of Children and Family Services in accordance with the Administrative Procedure Act contain provisions relating to the manner in which decisions ma…

Section 436.1 Purpose The purpose of these rules is to explain what records will be retained and how they will be retained in either the State Records Center or the State Archives.

Section 436.2 Definitions "Records" means all books, case files, microfiche, papers, maps, photographs, or other official documentary materials, as defined in the State Records Act, which are appropriate for preservation because of the information in them. Information is appropri…

Section 436.3 Required Recordkeeping a) The Department shall keep adequate and sufficient records pertaining to its clients, operations, employees, and equipment. The Department shall conform to the rules and regulations established by the State Records Commission, the State Arch…

Section 436.4 Destruction of Records a) State records shall be destroyed only upon approval of the State Records Commission. Non-record materials may be destroyed at any time after they have served their purpose. However, the Commission may formulate advisory procedures and inter…

Section 436.5 Permanent Records a) All records previously maintained in the State Archives shall remain as part of the permanent documentation of the Department and its predecessor agencies and will continue to be served by the State Archivist. b) Retrieval of documents deposited…

Section 437.1 Purpose (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.10 Purpose The purpose of this Part is to define child welfare ethics and provide rules regarding employee conflicts of interest. This Part applies to the conduct of Department employees executing their employment duties, and employee acts in relationship to any entit…

Section 437.2 Definitions (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.20 Definitions "Act" means the State Officials and Employees Ethics Act [5 ILCS 430]. "Business relationship" means an association between individuals or companies, entered into for commercial purposes, and sometimes formalized with legal contracts or agreements. Many…

Section 437.3 Department Statutory Responsibilities (Repealed)

Section 437.30 DCFS Ethics Officer The DCFS Ethics Officer: a) Acts as liaison between DCFS and the Office of the Executive Inspector General and the Executive Ethics Commission; b) Reviews statements of economic interest and disclosure forms of officers, senior employees, and co…

Section 437.4 Prohibition of Employee Interests Which May Influence the Department's Statutory Duties (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.40 Prohibition of Employee Conflicts of Interest a) Personal Interest 1) No employee shall use his or her official position for private gain, give preferential treatment to any person or entity in the conduct of official duties because of personal interest, impede or …

Section 437.5 Prohibition of Employee Interests Which May Influence the Department's Grant or Purchase of Service Programs (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.50 Conflict Prohibitions Under the Illinois Procurement Code a) All employees of the State of Illinois must comply with the anti-conflicts requirements of the Illinois Procurement Code [30 ILCS 500/13a]. The Illinois Procurement Code prohibits anyone employed by the S…

Section 437.6 Prohibitions Under the Illinois Purchasing Act (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.60 Requirements of the Illinois Governmental Ethics Act a) Employees who are receiving remuneration for services as State employees of the Department and who are identified by the Department as meeting the criteria set forth in Article 4A of the Illinois Governmental …

Section 437.7 Requirements of the Governmental Ethics Act (Repealed) (Source: Repealed at 22 Ill. Reg. 5484, effective March 16, 1998)

Section 437.70 Prohibition of Employee Conflicts in the Placement and Care of Children a) No employee shall take a child for whom the Department is legally responsible to the employee's residence, or in any way be involved in arranging or facilitating the transportation of such a…