Section 406.APPENDIX C   Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Day Care Home

A.        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.

            Death

            Head injury, brain damage, skull fracture or hematoma       

            Internal injuries

            Wounds (gunshot, knife, or puncture)

            Torture

            Sexually transmitted diseases

            Sexual penetration

            Sexual molestation

            Sexual exploitation

            Failure to thrive

            Malnutrition

            Medical neglect of disabled infant

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

            More than one indicated report involving any of the following allegations, regardless of severity:

            Burns or scalding

            Poison or noxious substances

            Bone fractures

            Cuts, bruises, welts, abrasions and injuries

            Human bites

            Sprains or dislocations

            Tying or close confinement

            Substance misuse

            Mental and emotional impairment

            Substantial risk of physical injury

            Inadequate supervision

            Abandonment or desertion

            Medical neglect

            Lock-out

            Inadequate food

            Inadequate shelter

            Inadequate clothing

            Environmental neglect

            If the licensees/license applicants believes there are unusual circumstances that should be considered to mitigate the presumption of unsuitability, the licensees/license applicants may request a waiver of the presumption of unsuitability.  Materials to be considered are to be submitted to the licensing entity.

B.        Criminal Convictions Which Prevent Licensure or Employment

            If any person subject to background checks has been included in the Statewide Child Sex Offender Database or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5] or under any earlier Illinois criminal law or code or an offense in another state, the elements of which are similar and bear a substantial relationship to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a license or permit to operate as a child care facility and from obtaining employment or continuing in employment in a licensed child care facility that allows access to children as part of the duties.

            The offenses that serve as a bar to licensure, residence in a family home in which a child care facility operates, or employment that allows access to children in any child care facilities subject to licensing include:

            OFFENSES DIRECTED AGAINST THE PERSON

            HOMICIDE

            Murder

            Solicitation of murder

            Solicitation of murder for hire

            Intentional homicide of an unborn child

            Voluntary manslaughter of an unborn child

            Involuntary manslaughter

            Reckless homicide

            Concealment of a homicidal death

            Involuntary manslaughter of an unborn child

            Reckless homicide of an unborn child

            Drug induced homicide

            KIDNAPPING AND RELATED OFFENSES

            Kidnapping

            Aggravated kidnapping

            Aggravated unlawful restraint

            Forcible detention

            Child abduction

            Aiding and abetting child abduction

            Harboring a runaway

            SEX OFFENSES

            Indecent solicitation of a child

            Indecent solicitation of an adult

            Public indecency

            Sexual exploitation of a child

Custodial sexual misconduct

Presence within school zone by child sex offenders

Approaching, contacting, residing, or communicating with a child within a public        park zone by child sex offenders

            Sexual relations within families

            Prostitution

            Soliciting for a prostitute

            Soliciting for a juvenile prostitute

            Solicitation of a sexual act

            Pandering

            Keeping a place of prostitution

            Keeping a place of juvenile prostitution

            Patronizing a prostitute

            Patronizing a juvenile prostitute

            Pimping

            Juvenile pimping

            Exploitation of a child

            Obscenity

            Child pornography

            Harmful material

            Tie-in sales of obscene publications to distributors

Posting of identifying information on a pornographic Internet site

            BODILY HARM

            Heinous battery

            Aggravated battery with a firearm

            Aggravated battery of a child

            Tampering with food, drugs, or cosmetics

            Hate crime

            Stalking

            Aggravated stalking

            Threatening public officials

            Home invasion

            Vehicular invasion

            Criminal sexual assault

            Aggravated criminal sexual assault

            Predatory criminal sexual assault of a child

            Criminal sexual abuse

            Aggravated sexual abuse

            Criminal transmission of HIV

            Criminal neglect of an elderly or disabled person

            Child abandonment

            Endangering the life or health of a child

            Ritual mutilation

            Ritualized abuse of a child

            Drug induced infliction of great bodily harm

Refer to Appendix A of Part 385 for additional convictions that bar licensure of or employment in a child care facility.

(Source:  Amended at 30 Ill. Reg. 18280, effective November 13, 2006)