TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER d: LICENSING ADMINISTRATION
PART 385 BACKGROUND CHECKS
SECTION 385.70 DISPOSITION OF BACKGROUND CHECKS


 

Section 385.70  Disposition of Background Checks

 

a)         Notice of Findings

            When the subject of the background check is the director, administrator or other chief executive officer of the facility, the Department shall notify in writing the presiding officer of the governing body of the results of the check, and the presiding officer shall take those actions required by this Part.  In the case of a group home or a child care facility which operates in a family home, the Department shall notify in writing the supervising agency for the facility of the results of the check.

 

b)         Child Care Facility Decision Regarding Employment

            It shall be the responsibility of the governing body or operator of the facility to determine whether to hire or continue the employment of a conditional employee or to reassign the individual in question to a position which does not allow access to children, to provide the individual an opportunity for a review in accordance with the facility's personnel policies, and to notify the Department in writing of its employment decision within 30 days after receipt of the information from the Department.  The decision of the employer is final, is 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.

 

c)         Request for Subsequent Background Check

            The employer of a person who has been relieved of a child-related duties pursuant to this Part may request another background check if the circumstances leading to the relieving of child care duties have changed.  A change of circumstances may include, but is not limited to:

 

1)         pending criminal charges have been dismissed or have resulted in an acquittal or conviction for a lesser charge;

 

2)         a conviction is reversed on appeal;

 

3)         the indicated finding of abuse or neglect is expunged, amended to another allegation, or amended to "unfounded";

 

4)         a pending child protection investigation of abuse or neglect is "unfounded"; or

 

5)         the records of the circuit court, local or State Police, if relied upon to reach the decision, have been amended.

 

d)         Delinquent Child Support

            If a license applicant has been denied or the Department has refused to renew a license because he or she is more than 30 days delinquent in child support, the applicant may reapply if he or she submits proof that the child support has been paid in full or that a payment schedule has been arranged with the Department of Public Aid (Title IV-D support cases) or the court of jurisdiction (all other child support cases).

 

(Source:  Section 385.70 renumbered from Section 385.50 and amended at 21 Ill. Reg. 4444, effective April 1, 1997)