Section 402.8  General Requirements for the Foster Home

a)         The foster home shall be clean, well ventilated, free from observable hazards, properly lighted and heated, and free of fire hazards.

b)         The foster home may not use or have on the premises any unsafe children's product as described in the Children's Product Safety Act [430 ILCS 125] and 89 Ill. Adm. Code 386 (Children's Product Safety).

c)         The water supply of the foster family home shall comply with the requirements of the local and State health departments.  If the foster family home accepts children under age ten or who are developmentally disabled, the maximum hot water temperature from all showers and bathtubs shall be no more than 115° Fahrenheit.  If well water is used, a copy of the Inspection Report and Compliance with Regulations shall be on file with the supervising agency.

d)         Water Hazards Protection

1)         All in-ground swimming pools located in areas accessible to children shall be fenced.  The fence shall be at least 5 feet in height and secured by a locked gate.

2)         All above-ground pools shall have non-climbable sidewalls that are at least 4 feet high or shall be enclosed with a 5-foot fence that is at least 36 inches away from the pool's side wall and secured with a locked gate.  When the pool is not in use, pool's steps shall be removed or the pool shall be otherwise protected to insure the pool cannot be accessed.

3)         Any hot tub not enclosed with a 5-foot fence shall have a securely locked cover.

4)         Any portable wading pool not enclosed with a 5-foot fence shall be emptied daily.

5)         Licensees in foster family homes with pools, hot tubs, ponds, outdoor fountains, decorative water ponds, fishponds, or the like must have current CPR certification.

6)         Foster homes shall come into compliance with the above water hazard requirements by January 1, 2010.  Foster homes that have a license or a permit on January 1, 2009 and have had a fence with a minimum height of 3½ foot shall be considered in compliance with the fence requirement.

e)         No person shall smoke tobacco in a foster family home, open or enclosed motor vehicle while transporting a foster child, or within 15 feet of entrances, exits, windows that open, and ventilation intakes that serve the foster family home.  [410 ILCS 82/10 and 70]  This subsection does not prohibit smoking in a licensed foster home that does not have foster children in placement.

f)         Portable space heaters may be used as a supplementary source of heat if they have an Underwriters Laboratories sticker attached and are used in accordance with local and State building and fire codes.  Portable space heaters may not be used in rooms where children are sleeping.  Portable and fixed space heaters in areas occupied by children shall be separated by fire resistant partitions or barriers to prevent contact with the heater.

g)         Dangerous household supplies and dangerous tools shall be kept in a safe place inaccessible to children under 12 years of age.  These items shall remain inaccessible to children during disposal.

h)         When not being dispensed or immediately accessible due to medical necessity, prescription and nonprescription drugs shall be kept in places that are not readily accessible to children under 12 years of age.  Expired or unused medications, syringes, medical waste, or medication shall remain inaccessible to children during disposal.

i)          Any and all firearms and ammunition shall be locked up at all times and kept in places inaccessible to children.  No firearms possessed in violation of a State or federal law or a local government ordinance shall be present in the home at any time. Loaded guns shall not be kept in a foster home unless required by law enforcement officers and in accordance with their law enforcement agency's safety procedures.

j)          The foster home shall comply with all requirements of the State laws and municipal codes for household pets.  Certificates of inoculation for rabies shall be available for inspection.

k)         The foster home shall have an operating telephone on the premises unless the supervising agency has approved a written plan detailing the immediate and unrestricted access to a telephone.

l)          The foster home shall have fire and emergency evacuation plans that are to be discussed and rehearsed quarterly with the children.

m)        The foster home shall be equipped with a minimum of one approved smoke detector in operating condition on every floor level, including basements and occupied attics, in accordance with Section 3 of the Smoke Detector Act [425 ILCS 60/3].

n)         A foster home that is not exempted by Section 20 of the Carbon Monoxide Alarm Detector Act [430 ILCS 135] shall be equipped with a minimum of one approved carbon monoxide detector within 15 feet of every sleeping room, in accordance with Section 10 of that Act.

o)         Adequate closet and dresser space comparable to that provided to the other children of the household shall be provided for each foster child to accommodate personal belongings.

p)         Foster parents shall respect children's rights to privacy while sleeping, bathing, toileting, and dressing.

(Source:  Amended at 33 Ill. Reg. 11441, effective August 1, 2009)