TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER d: LICENSING ADMINISTRATION
PART 385 BACKGROUND CHECKS
SECTION 385.50 CHILD ABUSE OR CHILD NEGLECT


 

Section 385.50  Child Abuse or Child Neglect

 

a)         Indicated Reports of Child Abuse/Neglect

The Department makes the presumption that an individual who has been determined to be a perpetrator of child abuse or neglect involving the allegations listed below, as defined in Appendix B, Child Abuse and Neglect Allegations, of 89 Ill. Adm. Code 300, Reports of Child Abuse and Neglect, is not suitable for work that allows access to children.

 

1)         Death

 

2)         Head injuries

 

3)         Internal injuries

 

4)         Wounds (gunshot, knife, or puncture)

 

5)         Torture

 

6)         Sexually transmitted diseases

 

7)         Sexual penetration

 

8)         Sexual molestation

 

9)         Sexual exploitation

 

10)         Failure to thrive

 

11)         Malnutrition

 

12)         Medical neglect of disabled infant

 

13)         A single indicated report of child abuse or neglect that resulted in serious injury to the child, regardless of the allegations involved

 

14)         More than one indicated report involving any of the following allegations, regardless of severity. Or one such report if the incident warrants concern because of the severity or particular circumstances:

 

A)        Burns

 

B)        Poison or noxious substances

 

C)        Bone fractures

 

D)        Cuts, bruises, welts, abrasions, and oral injuries

 

E)        Human bites

 

F)         Sprains or dislocations

 

G)        Tying or close confinement

 

H)        Substance misuse

 

I)         Mental and emotional impairment

 

J)         Substantial risk of physical injury/environment injurious to health and welfare

 

K)        Substantial risk of sexual injury

 

L)        Inadequate supervision

 

M)       Abandonment/desertion

 

N)        Medical neglect

 

O)        Lock-out

 

P)         Inadequate food

 

Q)        Inadequate shelter

 

R)        Inadequate clothing

 

S)         Environmental neglect

 

b)         Assessment of Indicated Reports

 

1)         A person determined to be the perpetrator of an indicated incident of abuse or neglect under Section 3 of the Abused and Neglected Child Reporting Act [325 ILCS 5/3] shall not automatically be denied a license or refused license renewal from the Department because that person has been indicated as a perpetrator of the above allegations or shall not automatically be denied a position which allows access to children in a child care facility licensed by the Department.  Rather, the Department or the governing body, as applicable, shall provide the individual an opportunity to present evidence that demonstrates fitness for licensure or employment. Such evidence shall include, but not be limited to:

 

A)        the nature of the abuse or neglect with which the individual was identified, including whether the abuse or neglect resulted in serious injury or death to a child or children;

 

B)        the circumstances surrounding the commission of the abuse or neglect, including the age of the perpetrator and the children, that  would demonstrate unlikelihood of repetition;

 

C)        the period of time that has elapsed since the abuse or neglect occurred and whether prior incidents of child abuse or child neglect have been indicated against the individual;

 

D)        whether the abuse or neglect involved single or multiple child victims;

 

E)        the relationship of the incident of child abuse or neglect to the individual's current or conditional job responsibilities within the child care facility;

 

F)         whether the individual has been convicted of a criminal offense which might have bearing on the individual's ability to function in a child care facility as licensee or employee;

 

G)        evidence of rehabilitation such as employment, education, participation in therapy since the indicated incident of abuse or neglect; and

 

H)        character references.

 

2)         When the abuse or neglect includes allegations identified in subsection (a) of this Section, the Department presumes the individual is not suitable to be licensed to operate a child care facility or to reside in a family home in which such a facility operates or for a position which allows access to children.  If the licensing entity (for license applicants and current license holders) or the employer (for current and conditional employees) believes the individual is suitable for licensure, residence in a household in which a child care facility operates, a contract or agreement with the Department which allows access to children, or employment which allows access to children, the licensing entity or the employer may request a review and waiver of the presumption of unsuitability.  Such requests shall be in writing and postmarked within 30 days after receipt of information from the Department about the individual's history as a perpetrator of child abuse or neglect.

 

3)         The Director of the Department or the Director's designee shall review any materials submitted on the individual's behalf and may waive the presumption that the individual is unsuitable for licensure or employment which allows access to children or residence in a household in which a child care facility operates if, in the Director or designee's sole judgment, there is good cause for waiving the presumption of unsuitability.  If the Director or designee waives the presumption that the individual is unsuitable, the hiring or licensing decision shall be made in accordance with the totality of the requirements of this Part and the applicable licensing standards.

 

c)         Notification of Hiring Decision

            A child care facility shall notify the Department in writing of its decision regarding the employment of a person who has been indicated as a perpetrator of child abuse/neglect.  Such notice shall be postmarked within 30 days after receipt of the information from the Department about the individual's history as a perpetrator of child abuse or neglect.  If the facility chooses to retain the employee, it must notify the Department of this decision and specify in the notice the operating hours of the facility, the duties of the employee, and the hours the employee will be working.  The decision of the employer is final, subject to review under the personnel policies of its governing body.  Such hiring decisions may not be appealed to the Department of Children and Family Services.

 

(Source:  Amended at 28 Ill. Reg. 13432, effective September 30, 2004)