Section 413.10  Purpose

 

a)         The purpose of this Part is to prescribe the standards for licensure as a host home and to describe how to apply for a license.

 

b)         The licensing standards set forth in this Part are applicable to host homes as defined in the Child Care Act of 1969 [225 ILCS 10].

 

c)         The Central Office of Licensing shall ensure that these licensing standards are reviewed every four years to determine whether the licensing standards, as written, are appropriate.

 

Section 413.20  Definitions

 

"Approved carbon monoxide alarm" means a carbon monoxide alarm that complies with all requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association. [430 ILCS 135/5]

 

"Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal. [425 ILCS 60/2]

 

"Approved in-service training" means training curriculum developed and implemented by the Illinois Department of Human Services (DHS) and additional continuous education training, as indicated by DHS.

 

"Background check" means a partial or comprehensive criminal background clearance, for all eligible individuals living or working in a host home.

 

"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products. [410 ILCS 705/1-10]

 

"Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis or cannabis concentrate that is not intended to be smoked. [410 ILCS 705/1-10]

 

"Child" means any person under 18 years of age. [225 ILCS 10/2.01]

 

"Child welfare agency" means a public or private child care facility, receiving any child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, adoption-only homes, or other facilities for child care, apart from the custody of the child's or children's parents.  The term "child welfare agency" includes all agencies established and maintained by a municipality or other political subdivision of the State of Illinois to protect, guard, train or care for children outside their own homes and all agencies, persons, groups of persons, associations, organizations, corporations, institutions, centers, or groups providing adoption services, but does not include any circuit court or duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court. [225 ILCS 10/2.08]

 

"Complete application for host home license" means, at a minimum, a completed written application form; written authorization by the applicant and all adult members of the applicant's household to conduct a criminal background investigation; medical evidence in the form of a medical report, on forms prescribed by the Department, that the applicant and all members of  the household are free from communicable diseases or physical and mental conditions that affect their ability to provide care for the child or children; the names and addresses of at least 3 persons not related to the applicant who can attest to the applicant's moral character; the name and address of at least one relative who can attest to the applicant's capability to care for the child or children; and fingerprints submitted by the applicant and all adult members of the applicant's household. [225 ILCS 10/4]

 

"Comprehensive Community-Based Youth Services" (CCBYS) means a Department of Human Services program that serves youth 11 through 17 years of age that are at risk of involvement in the child welfare and/or juvenile justice system with the overarching goal of family reunification and/or stabilization.  Services are authorized by the Children and Family Services Act [20 ILCS 505/17] and implement Article 3 of the Illinois Juvenile Court Act of 1987 [705 ILCS 405]  CCBYS programs do not provide services to youth who are under the custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987.

 

"Corporal punishment" means punishment inflicted directly on the body, including, but not limited to:

 

Hitting, spanking (striking a child with an open hand or instrument on the buttocks or extremities with the intention of modifying behavior without causing physical injury), shaking, slapping, twisting, pulling, squeezing, or biting;

 

Demanding excessive physical exercise, excessive rest, or strenuous or bizarre postures;

 

Forcing or demanding physical touch from the child;

 

Compelling a child to eat or have soap, food, spices, or foreign substances in the child's mouth; and

 

Exposing a child to extreme temperatures.

 

"Department" means the Illinois Department of Children and Family Services (DCFS). [225 ILCS 10/2.02]

 

"Discipline" means not to punish, but to teach and guide, focusing on preventing behavior problems by supporting children in learning appropriate social skills and emotional responses. Discipline does not include the use of corporal punishment as defined in this Part.

 

"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:

 

any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second;

 

any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors;

 

any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;

 

any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and

 

an antique firearm (other than a machine gun) which, although designed as a weapon, the Illinois State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. [430 ILCS 65/1.1]

 

"Full-time care" means the child is a resident of the household, whether on a temporary, emergency, or permanent basis.

 

"Host home child" means a child between the ages of 11 through 17 years old being served by Department of Human Services (DHS) under the Comprehensive Community Based Youth Services Program.

 

"Host home" means an emergency foster family home under the direction and regular supervision of a licensed child welfare agency, contracted to provide short-term crisis intervention services to youth served under the Comprehensive Community-Based Youth Services program, under the direction of the Department of Human Services.  The youth shall not be under the custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987. [225 ILCS 10/2.17(g)]

 

"Department of Human Services" (DHS) means the state agency responsible for the implementation of Comprehensive Community-Based Youth Services (CCBYS).

 

"LGBTQIA+" means a common acronym for lesbian, gay, bisexual, transgender, queer/questioning, intersex, and asexual persons.  It is written LGBTQIA+ to identify the many possible additions to earlier terminology.  (Refer to DCFS Procedures 302.Appendix K for direction regarding the support and well-being of LGBTQIA+ children and youth).

 

"License" means a document issued by the Department of Children and Family Services that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969 [225 ILCS 10].

 

"License applicant" means the operator or person with direct responsibility for daily operation of the facility to be licensed. [225 ILCS 10/4.4]

 

"Licensed physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 [225 ILCS 60].

 

"Licensee" means those individuals, agencies, or organizations who hold a license or permit issued by the Department of Child and Family Services.

 

"Licensing representative" means persons authorized by DCFS under the Child Care Act of 1969 [225 ILCS 10] to perform licensing activities.

 

"Licensing study" means a written review and assessment of an application for license, on-site visits, interviews, and the collection and review of supporting documents to determine compliance with the Child Care Act of 1969 and the standards prescribed by the Part.

 

"Medical cannabis" means cannabis products that are acquired for "medical use" as that term is defined in the Compassionate Use of Medical Cannabis Program Act. [410 ILCS 130]

 

"Member of the household" means a person who resides in a family home as evidenced by factors including, but not limited to, maintaining clothing and personal effects at the household address, or receiving mail at the household address, or using identification with the household address.

 

"Non-active status" means a licensed host home has no emergency placements and maintains continuous compliance with this Part that, by mutual written agreement with the supervising agency, does not receive regular licensing monitoring visits by the supervising agency.

 

"Premises" means the location of the host home in which the family resides and includes the attached yard, garage, basement, and any other outbuildings.

 

"Reasonable and prudent parent standard" means the standard, characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests, while at the same time supporting the child's emotional and developmental growth that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities. [20 ILCS 505/7.3a(b)]

 

"Reputable" means there is satisfactory evidence that the moral character of the applicant is trustworthy.

 

"Responsible moral character" means trustworthy performance of expected duties that serves the best interests of the children in care as evidenced by established child welfare standards, State and federal law, and the administrative rules of the Department.

 

"State Central Register" means a central register of all cases of suspected child abuse or neglect reported and maintained by the Department under the Abused and Neglected Child Reporting Act. [325 ILCS 5/7.7]

 

"Supervising agency", for the purposes of this Part, means a licensed child welfare agency.

 

Section 413.30  Application for License

 

a)         Application for license as a host home shall be completed, signed by the host home parent applicants, and filed with the Department by a licensed child welfare agency on forms prescribed by the Department.  A complete application for host home license shall meet the definition of "complete application for host home license" in Section 413.20.

 

b)         When an employee or contractor of the Department seeks to become licensed as a host home, the study to determine compliance with licensing standards shall be provided by a Department region other than the region in which the individual is employed, and by employees of the Department or supervising agency who have no significant working relationship or personal relationship with the individual.

 

1)         If the license is granted, the contractor or State employee may continue their contract or employment while operating the host home.

 

2)         The contractor's or employee's host home shall be supervised, monitored, licensed, and evaluated by a Department region other than the region in which the individual is employed, and by individuals who have no significant working relationship or personal relationship with the employee.

 

3)         The contractor or employee shall consult with appropriate Department licensing personnel to make sure the contractor or employee's official duties do not involve any interaction with the region responsible for supervising, monitoring, licensing, or evaluating the host home of the contractor or employee.

 

c)         As part of the application, each host home applicant and adult member of the household shall authorize comprehensive criminal background checks and shall submit to fingerprinting to determine if the individual has ever been charged with a crime, and, if so, the disposition of the charges.  In addition, members of the household ages 13 through 17 must authorize a partial background check as outlined in Section 413.110.

 

d)         As a condition of licensure, each applicant must certify on the application form, under penalty of perjury, that they are not more than 30 days delinquent in complying with a child support order. [5 ILCS 100/10-65(c)]

 

1)         Failure to certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. (See 89 Ill. Adm. Code 385.40(a)(2))

 

2)         If an applicant acknowledges that they are more than 30 days delinquent in complying with an order for child support or, upon completion of the background check, the applicant is found to be delinquent despite their certification, the supervising agency shall deny the application for license, refuse to renew the license, or revoke the license unless the applicant arranges for payment of past due and current child support and pay child support in accordance with 5 ILCS 100/10-65(c).

 

e)         The supervising agency shall conduct a licensing study for each initial application for host home licensure under its supervision.

 

1)         The licensing study shall be conducted by a licensing representative and shall be reviewed and approved by a licensing supervisor. (Supervisor requirements can be found in 89 Ill. Adm. Code 401, Licensing Standards for Child Welfare Agencies.)

 

2)         The licensing study shall require the licensing representative to conduct at least one scheduled on-site visit to determine if the home meets licensing standards of this Part.

 

A)        The licensing representative shall make a scheduled visit to the home when all household members are present to observe and assess family dynamics.

 

B)        The licensing representative, with supervisory approval, shall have discretion on whether to interview or observe each household member based on their age and development.

 

3)         The licensing representative shall assess the applicant and the applicant's ability to communicate and effectively work with host home children in conjunction with the CCBYS agency and DHS.

 

4)         Before a final recommendation for licensure is made, applicants shall provide specific and signed assurances that the applicant understands and shall adhere to provisions of this Part that include, but are not limited to, corporal punishment, smoking, alcohol or drug use, and reasonable and prudent parent standards.

 

5)         The licensing representative shall provide in writing any identified deficiencies in meeting the licensing standards of this Part and how the applicant can remedy those deficiencies in order to meet the licensing standards of this Part.

 

6)         If a licensing representative identifies no deficiencies, the licensing representative shall issue a recommendation to their supervisor within 30 days after the on-site visit.  If such a recommendation is not issued within 30 days after the on-site visit, then the licensing representative must conduct a second on-site visit prior to issuing any such recommendation.

 

f)         A new application shall be filed when any of the following occurs:

 

1)         When an application for license has been withdrawn, and the licensee seeks to reapply;

 

2)         When there is a change in the name of the licensee, or the address of the host home;

 

3)         When there is a change in the status of joint licensees, such as marriage, entering into a civil union, separation, divorce, dissolving a civil union, or death; or

 

4)         Not sooner than five years after the Department has revoked or refused to renew a license, and a new license is sought.

 

g)         A new application may be submitted at any time, including following the denial of an application for license, except that when a license has been revoked or the supervising agency has refused to renew a license, the licensee may not reapply for licensure as a host home for a period of five years after revocation or refusal to renew.

 

h)         Licensees shall complete any training required by DHS for the purpose of maintaining host family homes. Host homes are not required to complete PRIDE pre-service and PRIDE in-service training requirements. Host home parents shall complete all required training DHS provides for the purpose of meeting the objectives of the CCBYS program.

 

Section 413.40  Application for Renewal of License

 

a)         Application forms for license renewal shall be distributed via mail, email, or in person to host home parents by the supervising agency at least three months prior to the expiration date of the license.

 

b)         The completed, signed application for renewal of the license shall be received by the supervising agency no later than 60 days prior to the expiration date of the license.

 

c)         Upon receipt of the application for license renewal, the supervising agency shall conduct a licensing study in order to determine that the host home continues to meet licensing standards of the Child Care Act of 1969 [225 ILCS 10] and this Part. The licensing study shall be in writing and shall be reviewed and signed by the supervisor and signed by the licensing representative performing the study.

 

d)         When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, and the Department fails to render a decision on the application for renewal of the license prior to the expiration date of the license, the existing license shall continue in full force and effect for up to 30 days after the expiration of the license until the final Department decision on the application has been made.  The Department may further extend the period in which such decision must be made in individual cases for up to 30 days, but such extensions shall be only upon good cause shown. [225 ILCS 10/5(d)]

 

e)         As part of the renewal application, each host home parent and members of the household or employees ages 18 and older shall authorize comprehensive criminal background checks and shall submit to fingerprinting, if fingerprint results are not already on file with the Department or supervising agency, to determine if the individual has ever been charged with a crime and, if so, the final disposition of the charges.  In addition, members of the household ages 13 through 17 must authorize a partial background check as outlined in Section 413.110 of this Part.

 

f)         Host home parents are expected to complete training provided by DHS for the purpose of maintaining host homes. Host homes are not required to complete PRIDE Pre-service and PRIDE In-service training requirements. Host home parents shall take all required training DHS provides for the purpose of meeting the objectives of the CCBYS program.

 

g)         As a condition of licensure, each licensee or license applicant must certify on the application form, under penalty of perjury, that they are not more than 30 days delinquent in complying with a child support order. [5 ILCS 100/10-65(c)] 

 

1)         Failure to certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. (89 Ill. Adm. Code 385.40(a)(2))

 

2)         If the licensees or license applicants acknowledge that they are more than 30 days delinquent in complying with an order for child support or, upon completion of the background check, the licensees or license applicants are found to be delinquent despite their certification, the Department shall deny the application for license, refuse to renew the license, or revoke the license unless the licensees or license applicants arrange for payment of past due and current child support and pay child support in accordance with 5 ILCS 100/10-65(c).

 

Section 413.50  Provisions Pertaining to the License

 

a)         A host home license is valid for four years unless revoked by the Department or voluntarily surrendered by the licensee.

 

b)         The number of children cared for in the host home shall not exceed the license capacity and shall conform to the requirements for the number and ages of children specified on the license.

 

c)         The licensees' biological and adopted children under 18 years of age and all other children under 18 years of age receiving full-time care shall be counted when determining license capacity.

 

d)         The license shall not be transferred to another person or other legal entity.

 

e)         The license shall not be valid for a name, or a physical location address other than the name and physical location address on the license.  Licensees are required to report a change of physical location address and submit a new application reflecting the new address, within 14 days prior to the change or the license shall be deemed surrendered.  Licensees are required to notify the licensing representative as soon as practicable when there is an expected name change for a licensee, or when the death of a co-licensee occurs.

 

f)         A current license shall be available in the host home at all times.

 

g)         There shall be no fee or charge for the license.

 

h)         The licensees shall adhere to the provisions or restrictions specified on the license.

 

i)          At no time can youth who are under the custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987 be placed in a host home.

 

j)          Host home parents are required to complete training provided by DHS for the purpose of maintaining licensure status as a host home.

 

k)         Non-Active License Status:

 

1)         The supervising agency may place a host home license in non-active status when the licensee agrees in writing:

 

A)        to not accept placements;

 

B)        to maintain compliance with current and ongoing licensing standards as they are put into effect; and

 

C)        to have the license moved to non-active status.

 

2)         A license in non-active status shall continue to be subject to supervising agency involvement. The license may be returned to active status upon any occurrence that may make the home inappropriate for non-active status, including but not limited to:

 

A)        a licensing complaint;

 

B)        a child abuse or neglect report;

 

C)        State Central Register or criminal activity.

 

3)         The licensee may request that the supervising agency move its license back to active status by written notification to the home's licensing representative. Before the host home is returned to active status, the licensing representative shall complete an onsite monitoring visit, reassess the household composition to determine if any adult or child has moved into or out of the residence, update background checks for new household members, reassess the physical structure of the residence, reassess the medical and physical capacity of each host home parent, and reassess the licensed capacity of the home.

 

4)         A non-active status host home license is valid and may remain in non-active status until its renewal date; however, the licensee must submit a complete renewal application, and complete the renewal study process, within the timeframes and guidelines of Section 413.40 (Application for Renewal of License) for the license to be renewed. Upon the host home's request, the supervising agency may move the license back into non-active status any time after renewal, if it meets the conditions of Section 413.50(k) for non-active status.

 

l)          The Department may revoke a license issued under the Part pursuant to the provisions of 89 Ill. Adm. Code 383 (Licensing Compliance Monitoring, Complaints and Enforcement).

 

Section 413.60  General Requirements for the Host Home

 

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

 

b)         The host home may not use or knowingly have on the premises any unsafe children's product as described in the Children's Product Safety Act [430 ILCS 125].

 

c)         A host home shall have a kitchen including a properly operating stove, oven, refrigerator, and sink.

 

d)         A host home shall have a bathroom with properly operating toilet, sink and shower or tub.

 

e)         The operation of a commercial rooming or boarding house on the premises is not permitted.

 

f)         There shall be an adequate supply of safe drinking water.  The water supply of the host home shall comply with the requirements of the local and State health departments. If well water is used, a copy of the Illinois Department of Public Health inspection report shall be on file with the supervising agency.  Maximum hot water temperature from all showers and bathtubs shall be maintained at no less than 100 °F and shall not exceed 115 °F.

 

g)         The licensee shall maintain the home, premises, and all structures on the premises in a safe and sanitary condition, including proper trash disposal and recycling when available.

 

h)         Water Safety

Swimming pools, hot tubs and spas shall meet all State, tribal and local safety requirements.

 

1)         All in-ground swimming pools:

 

A)        shall have a power safety cover that:

 

i)          meets the ASTM standards that the Consumer Product Safety Commission has adopted (ATSM F 1346-91 standard); and

 

ii)         covers the swimming pool at all times the pool is not in use; or

 

B)        shall be fenced.

 

i)          the fence shall encompass the entire pool; and

 

ii)         the fence shall be at least 5 feet in height and secured by a locked gate at all times when not attended by an adult.

 

2)         All above-ground pools shall:

 

A)        have non-climbable sidewalls that are at least 4 feet high; or

 

B)        have a safety fence mounted on the top of the pool structure to extend the sidewalls to meet the 5-foot barrier height; or

 

C)        be enclosed with a 5-foot fence that encompasses the entire pool.

 

i)          the fence shall be at least 36 inches away from the pool's side wall; and

 

ii)         the fence shall be secured with a locked gate at all times when not attended by an adult.

 

3)         If an above-ground pool does not have a separate fence encompassing the entire pool, when the pool is not in use, the pool's steps or ladder shall be removed or locked, to ensure the pool cannot be accessed.

 

4)         All fences shall be at least five feet in height, measured from the side of the barrier which faces away from the swimming pool.

 

A)        Any vertical barriers (e.g., vertical poles or board panels) for the fence shall have no openings more than 3½ inches wide between each vertical barrier to avoid entrapment.

 

B)        Any horizontal barriers shall be placed on the swimming pool side of the fence and no more than four inches apart.

 

C)        A fence shall not have any decorative cut-outs, indentations or protrusions that are more than 1¾ inches in diameter and could be used as holes to climb the fence.

 

D)        The fence shall have no more than four inches vertical clearance between the ground and the bottom of the barrier (measured on the exterior side of the barrier). In the case of a non-solid surface such as grass or pebbles, the distance should be reduced to two inches. 

 

5)         All fences enclosing pools shall have gates that open out and away from the pool, have a locking device, and be designed to self-close and self-latch.

 

A)        When the release mechanism for the self-latching device on the gate is located less than 54 inches from the bottom of the gate, the release mechanism for the gate shall be located at least three inches below the top of the gate on the interior side of the gate, facing the pool.

 

B)        A gate shall not have an opening greater than ½ inch within 18 inches of the latch release mechanism.

 

6)         When a house wall serves as part of the fencing structure, and a door from the home exits to the swimming pool area, there shall be a barrier that prevents direct access between the door and a swimming pool. Examples include, but are not limited to:

 

A)        In-ground swimming pools must have a barrier between the house door and the swimming pool.

 

B)        Above-ground pools that are sunken into the ground, or have a deck that leads directly to the pool access must have an additional barrier between the house door and the swimming pool.

 

i)          Above-ground pools that are at least four feet in height, with non-climbable sidewalls that are free­ standing with no deck or other structural access do not need an additional barrier between a house door and swimming pool.

 

ii)         Inflatable swimming pools that meet the four feet height requirement are considered collapsable and would require an additional barrier between a house door and the swimming pool.

 

C)        Swimming pools must have their method of access through the barrier equipped with a lock when the pool is not in use.

 

7)         When a house wall serves as part of the fencing structure any door that provides access to a swimming pool shall be locked at least 54 inches above the threshold of the door and may be equipped with an audible alarm as an extra measure of safety.

 

A)        If used, the alarm must sound for 30 seconds or more within seven seconds after the door is opened.

 

B)        The alarm shall be loud and distinct from other sounds in the house and able to be heard by all household members, regardless of their location on the premises of the host home.

 

C)        The alarm shall have a deactivate feature that is at least 54 inches above the threshold of the door covered by the alarm. The alarm shall have an automatic reset feature.

 

D)        All alarms shall meet the requirements of UL2017, General Purpose Signaling Devices and Systems, Section 77. Federal Guidelines from the U.S. Consumer Product Safety Commission: Safety Barrier Guidelines for Residential Pools available at https://www.poolsafely.gov/wp-content/uploads/2017/08/Safety-Barrier-Guidelines-Pub-2017.pdf (August 2017)

 

8)         All swimming pools shall be equipped with devices that are manufactured and labeled as life saving devices and approved by the U.S. Coast Guard for sale as life saving devices.

 

9)         All swimming pools shall have a working pump and filtering system when the pool cannot be emptied after each use.

 

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

 

11)       All hot tubs shall:

 

A)        be enclosed by a 5-foot fence with a locked gate; or

 

B)        shall have a power safety cover that:

 

i)          meets the ASTM standards that the Consumer Product Safety Commission has adopted (ATSM F 1364-91 standard); and

 

ii)         covers the hot tub at all times the hot tube is not in use.

 

12)       Licensees in host homes with pools, hot tubs, ponds, outdoor fountains, decorative water ponds, fishponds, or any other standing body of water shall have current CPR and First Aid certification through an instructor certified by the American Red Cross, American Heart Association, EMS Safety Services, Inc., American Trauma Event Management (ATEM), or other Department approved facilitator.

 

13)       A host home child of any age shall not use a swimming pool, portable pool, spa, hot tub or other pools of water located on the premises of the host home without line of sight supervision by a host home parent or other adult authorized by the host home parent.

 

A)        The adult must be able to see all parts of the pool, and

 

B)        The bottom of the pool must be visible at all times.

 

i)          No person shall smoke tobacco or any product containing nicotine or mood altering substances including e-cigarettes and other electronic nicotine delivery systems in a host home, in any vehicle used to transport host home children, in the presence of host home children, or within 15 feet of entrances, exits, windows that open, and ventilation intakes that serve the host home. (See 410 ILCS 82/70)

 

1)         Smoking and vaping materials of any kind, and the use of any substances by smoking or vaping, are prohibited.

 

2)         This subsection (i) does not prohibit smoking in a licensed host home in non-active status that does not have host home children in placement.

 

j)          Applicants and licensees shall not use any illegal substance, abuse prescription or non-prescription drugs, or abuse alcohol. Licensees shall not drink alcohol in excess while caring for host home children.

 

1)         The possession or use of marijuana or cannabis (in any form including, but not limited to, cannabis-infused products) is prohibited:

 

A)        On the premises of host homes;

 

B)        In any vehicle operated for the purpose of transporting children served by the host home;

 

C)        In any vehicle parked on the premises of the host home;

 

D)        Where a host home child can observe or smell marijuana;

 

E)        In close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under 410 ILCS 130/30; and

 

2)         Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct. (See 410 ILCS 130/30 and 410 ILCS 705/10-35)

 

3)         Alcoholic beverages and toxic/hazardous materials shall be stored where host home children cannot access them.

 

k)         Portable space heaters may be used as a supplementary source of heat if they have been safety-certified by a U.S. Occupational Safety and Health Administration (OSHA) Nationally Recognized Testing Laboratory (NRTL) and are used in accordance with local and State building and fire codes. Portable space heaters may not be used in rooms where host home children are sleeping. Portable and fixed space heaters in areas occupied by host home children shall be separated by fire resistant partitions or barriers to prevent contact with the heater.

 

l)          Toxic household supplies, batteries, dangerous tools, and pool chemicals shall be kept in a safe place inaccessible to children under 12 years of age. These items shall remain inaccessible to children during disposal.

 

m)        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.  Expired or unused medications, syringes, medical waste, or medication shall remain inaccessible to children during disposal.

 

n)         All firearms and ammunition shall be stored and locked up separately 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 host home unless required by law enforcement officers and in accordance with their law enforcement agency's safety procedures.

 

o)         Host home parents shall adequately supervise children in their care to assure compliance with laws, including, but not limited to, criminal laws.

 

p)         The host home parents shall comply with all federal, State, county, tribal and local laws and municipal codes regarding household pets. Certificates of inoculation for rabies for cats and dogs shall be available for inspection.

 

q)         The host home shall be free from rodent and insect infestation.

 

r)          The host home parent shall maintain a first aid kit and supplies, including, but not limited to, adhesive bandages, scissors, thermometer, non-latex gloves, sterile gauze pads, adhesive tape, tweezers, and mild soap.

 

s)         The host home shall have at least one working telephone (land line or cell) on the premises accessible to children and adults in the home.  Licensees shall ensure that any child in the home at any time without an adult present shall have access to a telephone and an agreed upon safety plan in the event of an emergency.

 

t)          The host home parent shall maintain a comprehensive list of emergency telephone numbers, including poison control (1-800-222-1222), and shall post those numbers in a prominent place in the home.

 

u)         The host home parent shall have fire and emergency evacuation plans that are to be discussed, rehearsed, and documented quarterly.  The emergency evacuation plan shall be posted in a prominent location in the home.

 

v)         The host home shall be equipped with a minimum of one approved smoke detector in operating condition on every floor level and within 15 feet of every room used for sleeping purposes, including basements and occupied upper-level areas, in accordance with the Smoke Detector Act [425 ILCS 60/3].

 

1)                  The smoke detector required may be either: battery powered, provided the battery is a self-contained, non-removable, long-term battery, or wired into the home's AC power line, and need not be interconnected.

 

2)                  The battery requirements shall apply to battery-powered smoke detectors that are in existence and exceed 10 years from the date of the smoke detector being manufactured; those detectors that fail to respond to operability tests; or detectors that are newly installed.

 

w)        The host home shall have at least one operable fire extinguisher that is readily accessible.

 

x)         Basements and Upper Level Areas

 

1)         Basements and upper level areas may be used for sleeping for host home children who are mobile, capable of self-preservation, and able to understand and follow directions with minimal assistance in an emergency.

 

2)         Host home children for whom basement or upper level area sleeping arrangements may be provided shall be individually evaluated and approved by the supervising agency in accordance with the requirements of subsection (x)(1).

 

3)         To be used for sleeping, basements and upper level areas shall have two exits with one exit that provides access to the outside with means to safely reach the ground level. The second exit may be an easily accessible outside window that provides an unobstructed opening, operable from the inside without the use of tools, and large enough to accommodate an adult. The sleeping area shall be separated from the furnace and utility areas.

 

4)         No basement or upper level area shall be used for sleeping without the approval of the supervising agency after consultation with the appropriate safety authorities.

 

y)         A host 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.

 

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

 

aa)       Host home parents shall respect a host home child's rights to privacy while sleeping, bathing, toileting, and dressing.

 

ab)       The child's sleeping room shall be exposed to an outside window or shall have auxiliary means of ventilation.

 

ac)       If children placed in a host home exhibit or have a known history of sexually aggressive behavior, sleeping arrangements for the sexually aggressive child shall comply with the requirements of a safety plan approved by the placing CCBYS agency.

 

Section 413.70  Requirements for Sleeping Arrangements

 

a)         Each host home child shall be provided their own separate bed.

 

b)         The supervising agency can require that a host home parent occupy sleeping quarters on the same level of the home as a host home child who has medical or behavioral issues that warrant close supervision.

 

c)         There shall be a minimum of 40 square feet, excluding the closet and wardrobe area, for the first child occupying a bedroom and a minimum of 35 square feet for each additional child sharing the room. However, the supervising agency may approve a smaller room size on an individual basis when such approval is in the best interests of the children. Such approvals shall be in writing and shall contain the names and birth dates of the children for whom the approval was issued. These approvals shall be reviewed at each license renewal.

 

d)         Licensees shall provide host home children with bedding that is appropriate, safe, clean, in good condition and equal to other bedding used by other household members. The springs and mattresses on each bed requiring such shall be level, clean, unsoiled with no rips or tears in the mattress or mattress cover, and not infested with insects.  The bedding shall be suitable for the season. 

 

e)         Linens shall be changed at least weekly for all host home children or as frequently as required to maintain clean and sanitary conditions.  Clean linens must be in place for each new host home child placement.

 

f)         Waterproof mattress covers shall be provided for all beds for children with enuresis and/or encopresis.

 

g)         Sleeping rooms shall be comfortable and shall be furnished suitably for the age of the host home child.

 

Section 413.80  Nutrition and Meals

 

a)         The host home shall provide at least three balanced meals per day in quantities sufficient to meet the recommended dietary allowances for nutritional needs of host home children. The time span between meals shall not be greater than 14 hours (overnight). No locks shall be placed on refrigerators.

 

b)         Food products from home-raised animals shall meet the standards of the Meat and Poultry Inspection Act [225 ILCS 650], Humane Slaughter of Livestock Act [510 ILCS 75], and 8 Ill. Adm. Code 50 (Humane Slaughter of Livestock).

 

c)         Licensees shall provide a special diet to a host home child when prescribed by a licensed physician or licensed dietitian nutritionist.

 

d)         The host home child's nutritional needs shall be considered in relationship to the health, age, religious beliefs, and cultural background of the host home child.

 

e)         Meals served to host home children shall be substantially the same as those served other family members unless a variation based on medical needs or religious beliefs is required.

 

f)         Meals shall be served in an unhurried manner, under clean and sanitary conditions.

 

g)         Host home children shall be encouraged to eat the food that is served, but shall not be subjected to coercion, restricting access to food, or forced feeding. Any medical needs, restrictions, or religious beliefs shall take priority over any encouraged foods served by the host home.

 

h)         Host home children may be allowed to assist in meal preparation under adult supervision.

 

Section 413.90  Business and Employment of Host Home Parents

 

a)         The operation of other business enterprises on the premises is permitted but shall not interfere with the care of the host home child or endanger the health, safety, and welfare of the host home child. The supervising agency shall be informed of and approve of any business operation.

 

b)         The licensee's employment outside of the home is permitted but shall not interfere with the proper care of the host home child. When host home parents are employed outside the home, provision shall be made for adequate supervision of the host home children. Host home parents are expected to meet a reasonable and prudent parent standard for decision making in the determination of alternate supervision.

 

Section 413.100  Qualifications of Host Home Families

 

a)         Licensees shall be either a single person or two persons in a marriage or civil union with each other. Each host home parent shall be willing and able to assume appropriate responsibilities for the host home child or children received for care.

 

b)         An adult who is not a licensed host home parent may be allowed to share the living arrangement of a licensed host home parent only at the discretion of the supervising agency, provided the unlicensed adult meets the same requirements as other adult members of the household. The host home parent must notify the supervising agency 14 days prior to an adult who is not a licensed host home parent moving into the host home. The individual will be subject to the same requirements as other members of the household, such as health certification and background checks. The license capacity will be redetermined based on the new family composition.

 

c)         Host home parents shall be stable, law abiding, responsible, mature individuals, at least 21 years of age.

 

d)         The capability of a host home parent to provide care shall be considered prior to licensure of the host home. A decision to establish the age and number of children permitted in the home shall be based on an assessment of the host home and shall consider at least the following criteria:

 

1)         the capability of each host home parent to provide care including an evaluation of the caregivers' health, strength, and mobility;

 

2)         whether at least one applicant for host home licensure can read and write at the level necessary to meet the needs of host home children and whether the applicants participate effectively in the community in which they reside;

 

3)         the number, chronological and functional age, and characteristics and needs of the children currently under the care of the host home parents. This shall include an assessment of the host home parent's own children under age 18, all other children under age 18 receiving full-time care, and children receiving day care services in the host home;

 

4)         the characteristics, limitations, and responsibilities of the caregivers. All members of the host home shall be free from active alcohol or substance dependency;

 

5)         the caregivers' ability to appropriately care for and adequately supervise the children currently in the home, as well as their ability to care for and supervise the ages, needs, and behaviors of the children who may be placed in the host home; and

 

6)         the number of host home parents in the home.

 

e)         All members of the household age 13 and older (except for host home children) shall have passed the background check required by 89 Ill. Adm. Code 385 (Background Checks).

 

f)         Host home parents shall accept agency supervision.

 

g)         Host home parents shall provide the names and addresses of at least three persons who are not related to them who can attest that the applicants are of reputable and responsible moral character, as well as the name and address of at least one relative who can attest to the applicant's capability to care for the host home child or children.  If an applicant has been an Illinois resident for less than five years, two additional references from the previous residence state shall be provided.

 

h)         Host home parents shall respect a host home child's ties to their family and support the host home child in maintaining connections with their family.

 

i)          The licensee shall have sufficient and stable financial resources to provide for all needs of current household members and for any youth placed in the host home.

 

j)          As a condition of initial licensure, each host home parent shall complete the Department of Human Services training curriculum for host homes.

 

k)         In addition, each host home parent shall complete, as a condition of license renewal, approved in-service training hours. This training will be facilitated and provided by DHS.

 

l)          The licensees shall sign a statement on a form prescribed by the Department, to the effect that they have knowledge and understanding of the mandated reporter reporting requirements of the Abused and Neglected Child Reporting Act [325 ILCS 5].

 

1)         Licensees shall report suspected child abuse and neglect immediately to the DCFS Child Abuse/Neglect Hotline.  The telephone number for the reporting hotline is 1-800-252-2873.

 

2)       Each licensee shall complete Department-approved Mandated Reporter Training, including a section on implicit bias, within three months of initial licensure and at least every three years thereafter.  Documentation of completion of training must be on file at the host home.

 

m)        A statement that describes how the host home parent complies with the requirements of this Part shall be placed in the permanent host home record. If the host home is not in compliance with any of the requirements of this Part, these standards shall be specifically recorded and the plan for achieving compliance shall be outlined. The plan for achieving compliance shall indicate whether host home children can remain in the host home and whether new placements may be made in the host home while the host home parent is achieving compliance with the licensing standards. The statement shall be updated to reflect any changes in the status of the host home. All such updates shall be entered in the system of record within five working days after the change in status.

 

Section 413.110  Background Checks and Household Driver Safety Requirements

 

a)         As a condition of issuance or renewal of a license, host home parents shall furnish information for background checks.

 

l)          Individuals subject to a Partial Background Check include household members of host homes ages 13 through 17. Parent or guardian authorization is required for anyone under the age of 18. The components of a Partial Background Check include:

 

A)        A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect;

 

B)        A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW); and

 

C)        A search of the following registries, repositories, or databases in each state where the individual resided during the preceding 5 years:

 

i)          State-based child abuse and neglect registry or database;

and

 

ii)         State-based sex offender registry or repository.

 

2)         Individuals subject to a Comprehensive Criminal Background Check include any individual living or working in a host home, who is age 18 and older. The components of a Comprehensive Criminal Background Check include:

 

A)        In-State (Illinois) Checks

 

i)          Fingerprints submitted to the Illinois State Police (ISP) for comparison to their criminal history records;

 

ii)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

 

iii)        A search of the Illinois Sex Offender Registry (SOR) and National Sex Offender Public Website (NSOPW).

 

B)        National Checks

 

i)          Submission of fingerprints to the Federal Bureau of Investigation (FBI) using Next Generation Identification for comparison to their national crime information databases; and

 

ii)         A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR).

 

C)        Interstate (Out-of-State) Checks which include a search of the following registries, repositories, or databases in each state where an individual resided during the preceding 5 years:

 

i)          State-based criminal registry or repository, with the use of fingerprints being required in the state where the staff member resides and optional in other states;

 

ii)         State-based child abuse and neglect registry or data base; and

 

iii)        State sex offender registry or repository.

 

b)         Persons who have been convicted of an offense shall not be automatically rejected as host home parents unless the offense is one of those listed in Section 413.APPENDIX A, Criminal Convictions that Prevent Licensure. For convictions listed in Section 413.APPENDIX B, Criminal Convictions/Waivable Bars to Licensure, a waiver from the Department must be requested.  For all other convictions, the supervising agency shall consider the following when reviewing the background check results:

 

1)         the type of crime for which the individual was convicted;

 

2)         the number of crimes for which the individual was convicted;

 

3)         the nature of the offenses;

 

4)         the age of the individual at the time of conviction;

 

5)         the length of time that has elapsed since the last conviction;

 

6)         the relationship of the crime and the capacity to care for children;

 

7)         evidence of rehabilitation; and

 

8)         opinions of community members concerning the individual in question.

 

c)         Licensed host home parents shall have access to reliable, legal, and safe transportation, which may include public transportation.

 

1)         All members of the host home family who transport host home children shall submit to annual verification of their driver's license, automobile liability insurance, and driving records.

 

2)         Any vehicle used to transport host home children shall be equipped with safety restraints and host home family members who transport host home children shall be responsible for securing host home children properly in such restraints. (See 625 ILCS 25/4a)

 

Section 413.120  Health of Host Family

 

a)         Host home parents and all members of the household shall provide medical evidence that the household is free of communicable diseases or physical and mental conditions that affect the ability of the family to provide care.

 

b)         Before licensing, the host home parents shall furnish the supervising agency with a medical report on forms provided by the agency for each member of the household.

 

1)         Medical reports shall include up-to-date immunizations for all children, as recommended by the American Academy of Pediatrics (AAP), unless the child's licensed primary care physician documents that an immunization is contrary to the child's health.

 

2)         Each medical report shall be completed no more than 12 months prior to the date the application is accepted by the supervising agency.

 

3)         Copies of medical examinations of school age children who are members of the household that were completed in accordance with the requirements of Section 22-105 of the School Code [105 ILCS 5/22-105] are acceptable, provided copies of the medical examinations are on file with the supervising agency.

 

c)         If there is a question regarding the mental or emotional health of the host home parents or other adult members of the household, clinical reports and evaluations may be requested by the supervising agency.

 

d)         Medical re-examinations of the host home parents, and other members of the household shall be required at least once every four years or upon licensing renewal, whichever comes first. Copies of medical re-examinations of school age children who are members of the household that were completed in accordance with the requirements of Section 22-105 of the School Code [105 ILCS 5/22-105] are deemed to be in compliance with this requirement, provided copies of the re-examinations are on file with the supervising agency.  A medical re-examination of host home parents and other members of the household shall be required at an earlier date when, through personal observation of, or notification from the host home family, it becomes evident to the supervising agency, or a physician has reason to believe that the host home parents, or a member of the household has a communicable disease or other physical impairment that affects the ability of the family to provide care.

 

Section 413.130  Number and Ages of Children Served

 

a)         The maximum number of children permitted in a host home shall be six children. This maximum number includes the host home parents' own children under age 18 and all other children under the age of 18 receiving full-time care.

 

b)         When determining how many children a host home may accept for care, the physical size of the home shall also be taken into account, in order to ensure there is adequate space for each child.

 

Section 413.140  Meeting Basic Needs of Children

 

a)         All children in the host home shall be treated equitably.

 

b)         A host home child shall receive supervision appropriate to their developmental age at all times. All host home children in the host home shall be protected from exploitation, neglect, and abuse. Suspected child abuse or neglect shall be reported to the DCFS Child Abuse/Neglect Hotline and the supervising agency immediately.

 

c)         Each host home child shall be given the opportunity to develop social relationships through participation in schools, and other community and group activities.

 

d)         Host home parents shall assist the host home child in the proper handling of money.

 

e)         Each host home child shall have the opportunity to learn to assume some responsibility for themselves and for household duties in accordance with their age, health, and ability. No host home child shall be permitted to do tasks which are hazardous, dangerous or risk harm to the host home child.

 

f)         The Department and supervising agency shall immediately be notified of any situation that affects the care of the host home child, including but not limited to death, serious illness, incarceration, death of a host home child or any other significant occurrence.

 

g)         Licensees shall ensure adequate closet and dresser space for each child is sufficient for personal belongings.

 

h)         Licensees shall not use video or audio recording devices in a child's bedroom, bathroom, or other areas of the host home where privacy is expected.

 

i)          Licensees shall treat LGBTQIA+ children in an affirming manner by being open, non-judgmental, empathic, and proactively work to create a respectful space.  All host home parents are to be culturally competent in serving the needs of LGBTQIA+ children and youth, including understanding the challenges that LGBTQIA+ children and youth face.  Expectations of host home parents include:

 

1)         Respect the host home child's gender expression and self-determination, including the child/youth's choice of clothes, make-up, hairstyle, friends, and activities within appropriate boundaries, as well as the child/youth's chosen name and preferred gender pronouns;

 

2)         Protect the host home child's right to confidentiality about sensitive and private information such as the child's sexual orientation and gender identity.

 

Section 413.150  Health Care of Host Home Children

 

a)         Any child who is suspected of having a serious contagious disease, as defined in 77 Ill. Adm. Code 690 (Control of Notifiable Diseases and Conditions Code), shall be separated from other children until a medical determination has been received that the disease is not contagious or is no longer contagious, or a plan for appropriate care and protection of other household members has been approved by the supervising agency after consultation with a licensed physician.

 

b)         Clean linens, a towel, washcloth, toothbrush, and comb shall be provided to each incoming host home child.

 

Section 413.160  Recreation and Leisure Time

 

Children shall be permitted and encouraged to participate in appropriate indoor and outdoor recreation. Host home parents are expected to use the reasonable and prudent parent standard for decision-making regarding the host home child's participation in these activities.

 

Section 413.170  Education

 

a)         Host home parents shall encourage each host home child to attend school or vocational training in accordance with the child's aptitude. Host home parents shall cooperate with the supervising agency in the host home child's educational plan, including transportation support.

 

b)         Children shall be permitted and encouraged to participate in extra-curricular activities including sports, art, and music to the extent of their interests, abilities, and talents. Host home parents are expected to use the reasonable and prudent parent standard for decision-making regarding the child's participation in these activities.

 

c)         The Department shall coordinate with DHS to ensure that each host home child is provided with the necessary school supplies, materials, and equipment.

 

Section 413.180  Discipline of Host Home Children

 

a)         Discipline shall be appropriate to the developmental age of the host home child, related to the child's act, and shall not be out of proportion to the particular inappropriate behavior. Discipline shall be implemented without prolonged delay.

 

b)         The host home parent shall be responsible for the discipline of the host home child. Discipline shall never be delegated to a host home child's peer or peers, nor to persons who are strangers to the host home child.

 

c)         No host home child shall be subjected to corporal punishment (as defined in Section 413.20), verbal abuse, threats or derogatory remarks about the host home child or their family.

 

d)         No host home child shall be deprived of a meal or part of a meal as punishment.

 

e)         Licensees shall not deprive or threaten to deprive a host home child of visits with family or other persons who have established a parenting bond with the host home child. Cancellation of arranged visits as a form of discipline is prohibited.

 

f)         No host home child shall be deprived of clothing, sleep, or privacy as punishment.

 

g)         A host home child may be restricted to an unlocked bedroom for a reasonable period of time. While restricted, the host home child shall have full access to sanitary facilities.

 

h)         Privileges may be temporarily removed as a disciplinary measure.

 

Section 413.190  Emergency Care of Children

 

In the case of an emergency requiring the absence of the host home parent from the host home, the host home parent shall notify the CCBYS agency.  The CCBYS agency shall immediately notify DHS and DHS shall determine if appropriate arrangements need to be made for the care of the host home child.

 

Section 413.200  Release of Children

 

The host home parents shall not release a host home child to anyone except as authorized by DHS.

 

Section 413.210  Confidentiality of Information

 

All personal or identifying information concerning a host home child, including but not limited to, the child's background, the child's family, and the identity and location of all other persons or families with whom the child has been, or will be placed, shall be treated as confidential by all persons involved with the host home child.

 

Section 413.220  Records to be Maintained

 

a)         Records to be maintained by the host home family shall include:

 

1)         the name and date of birth of each host home child placed in the host home;

 

2)         the legal guardian of the host home child;

 

3)         religion of the host home child;

 

4)         arrangements for education of the host home child;

 

5)         if known, any physical problems, limitations, or allergies the child has, and any current recommendations for special medical care;

 

6)         a record of the emergency evacuation plan and quarterly rehearsals (see Section 413.60); and

 

7)         a record of the child care supervision plan, when required under Section 413.90(b).

 

b)         The licensees shall maintain records to verify attendance at required trainings.

 

c)         Records maintained by the host home parent shall be kept current and shall be open to inspection by the Department or supervising agency. All persons who have access to the host home records shall respect their confidential nature.

 

Section 413.230  Licensing Supervision

 

a)         Host home parents shall cooperate with the Department or supervising agency to assure continuing compliance with licensing requirements. Each licensed host home, except those in non-active status, shall be visited at least annually by a licensing representative to ensure that the standards for licensing contained in this Part continue to be met.

 

b)         Supervising agencies shall be subject to monitoring and oversight by the Department as set forth in 89 Ill. Adm. Code 401 (Licensing Standards for Child Welfare Agencies) to verify compliance with this Part.

 

Section 413.240  Severability of This Part

 

If any court of competent jurisdiction finds that any 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 Part.

Section 413.APPENDIX A   Criminal Convictions that Prevent Licensure

 

If the host home applicants or any adult member of the household has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205], or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 or the Criminal Code of 2012 [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 relation to any of the criminal offenses specified below, this will serve as a bar to receiving a host home license.

 

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 (Including, but not limited to)

 

Indecent solicitation of a child

Indecent solicitation of an adult

Solicitation to meet a child

Public indecency

Sexual exploitation of a child

Permitting sexual abuse of a child

Custodial sexual misconduct

Sexual misconduct with a person with a disability

Sexual relations within families

Prostitution

Soliciting for a prostitute

Soliciting for a juvenile prostitute

Solicitation of a sexual act

Promoting prostitution

Promoting juvenile prostitution

Pandering

Grooming

Traveling to meet a child

Child luring

Failure to report sexual abuse of a child

Lewd sexual display in a penal institution

Keeping a place of prostitution

Keeping a place of juvenile prostitution

Patronizing a prostitute

Patronizing a juvenile prostitute

Pimping

Juvenile pimping

Obscenity

Child pornography

Aggravated child pornography

Harmful material

Tie in sales of obscene publications to distributors

Posting of identifying information on a pornographic Internet site

Non-consensual dissemination of private sexual images

Child photography by sex offender

 

BODILY HARM

 

Aggravated battery of a child

Tampering with food, drugs, or cosmetics

Drug induced infliction of great bodily harm

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 criminal sexual abuse

Criminal transmission of HIV

Criminal abuse or neglect of an elderly or disabled person

Child abandonment

Endangering the life or health of a child

Ritual mutilation

Ritualized abuse of a child

Heinous battery

Aggravated battery with a firearm

Section 413.APPENDIX B   Criminal Convictions/Waivable Bars to Licensure

 

If the host home applicant or any adult member of the household has been convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5], the Cannabis Control Act [720 ILCS 550], the Illinois Controlled Substances Act [720 ILCS 570], and the Methamphetamine Control and Community Protection Act [720 ILCS 646], 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 relation to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a host home license, unless all of the following requirements are met:

 

1.         The relevant criminal offense or offenses occurred more than 10 years prior to the date of application or renewal.

 

2.         The applicant had previously disclosed the conviction or convictions to the Department or supervising agency for the purposes of a background check.

 

3.         After the disclosure, the supervising agency either placed a child in the home or the host home license was issued.

 

4.         During the background check, the Department or supervising agency had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the licensure.

 

5.         The applicant meets all other requirements and qualifications to be licensed as a host home under the Child Care Act and the Department's administrative rules.

 

6.         The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, stable home environment. [225 ILCS 10/4.2]

 

OFFENSES DIRECTED AGAINST THE PERSON

 

KIDNAPPING AND RELATED OFFENSES

 

Unlawful restraint

 

BODILY HARM

 

Felony aggravated assault

Vehicular endangerment

Felony domestic battery

Aggravated battery

Heinous battery

Aggravated battery with a firearm

Aggravated battery of an unborn child

Aggravated battery of a senior citizen

Intimidation

Compelling organization membership of persons

Abuse and criminal neglect of a long term care facility resident

Felony violation of an order of protection

 

OFFENSES DIRECTED AGAINST PROPERTY

 

Felony theft

Robbery

Armed robbery

Aggravated robbery

Vehicular hijacking

Aggravated vehicular hijacking

Burglary

Possession of burglary tools

Residential burglary

Criminal fortification of a residence or building

Arson

Aggravated arson

Possession of explosive or explosive incendiary devices

 

OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY

 

Felony unlawful use of weapons

Aggravated discharge of a firearm

Reckless discharge of a firearm

Unlawful use of metal piercing bullets

Unlawful sale or delivery of firearms on the premises of any school

Disarming a police officer

Obstructing justice

Concealing or aiding a fugitive

Armed violence

Felony contributing to the criminal delinquency of a juvenile

 

DRUG OFFENSES

 

Possession of more than 30 grams of cannabis

Manufacture of more than 10 grams of cannabis

Cannabis trafficking

Delivery of cannabis on school grounds

Unauthorized production of more than five cannabis sativa plants

Calculated criminal cannabis conspiracy

Unauthorized manufacture or delivery of controlled substances

Controlled substance trafficking

Manufacture, distribution, advertisement of look-alike substances

Calculated criminal drug conspiracy

Street gang criminal drug conspiracy

Permitting unlawful use of a building

Delivery of controlled, counterfeit or look-alike substances to persons under age 18, or at truck stops, rest stops, safety rest areas, or on school property

Using, engaging, or employing persons under 18 to deliver controlled, counterfeit or look- alike substances

Delivery of controlled substances

Sale or delivery of drug paraphernalia

Felony possession, sale or exchange of instruments adapted for use of controlled substance or cannabis by subcutaneous injection

Any violation of the Methamphetamine Control and Community Protection Act

 

In evaluating the exception pursuant to the criminal convictions listed above, the Department or supervising agency must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used:

 

1.         the age of the applicant when the offense was committed;

 

2.         the circumstances surrounding the offense;

 

3.         the length of time since the conviction;

 

4.         the specific duties and responsibilities necessarily related to the license being applied for and the bearing, if any, that the applicant's conviction history may have on the applicant's fitness to perform these duties and responsibilities;

 

5.         the applicant's employment references;

 

6.         the applicant's character references and any certificates of achievement;

 

7.         an academic transcript showing educational attainment since the disqualifying conviction;

 

8.         a Certificate of Relief from Disabilities or Certificate of Good Conduct; and

 

9.         anything else that speaks to the applicant's character. [225 ILCS 10/4.2(e)]