Section 390.680  Child Care/Habilitation Aides


a)         A facility shall not employ an individual as a nurse aide or child care/habilitation aide or developmental disabilities aide unless the facility has inquired of the Department as to information in the Registry concerning the individual. (Section 3-206.01 of the Act) The Department shall advise the inquirer if the individual is on the Registry, if the individual has findings of abuse, neglect, or misappropriation of property in accordance with Sections 3-206.01 and 3-206.02 of the Act, and if the individual has a current background check.  (See Section 390.681 of this Part.)


b)         Each of the facility's child care/habilitation aides or developmental disabilities aides shall comply with one of the following conditions no later than 45 days after the date of initial employment.


1)         Provide documentation of registration on the Department's Nurse Aide Registry.


2)         Enroll in a child care/habilitation aide training program, in a developmental disabilities aide training program, or in a Department approved basic nursing assistant training program (see 77 Ill. Adm. Code 395).  The program shall be successfully completed no later than 120 days after the date of initial employment. Programs approved in accordance with 77 Ill. Adm. Code 395.150(a)(2) may last longer than 120 days.  However, a nursing assistant, child care/habilitation aide, or developmental disabilities aide may be employed no more than 120 days prior to the successful completion of the program.


3)         Submit documentation to the Department in accordance with Section 390.683 of this Part in order to be registered on the Nurse Aide Registry.


c)         Each person employed by the facility as a child care/habilitation aide or a developmental disabilities aide shall meet each of the following requirements:  


1)         Be at least sixteen years of age, of temperate habits and good moral character, honest, reliable and trustworthy. (Section 3-206(a)(1) of the Act)


2)         Be able to speak and understand the English language or a language understood by a substantial percentage of the facility's residents. (Section 3-206(a)(2) of the Act)


3)         Provide evidence of prior employment or occupation, if any, and residence for two years prior to present employment as a nursing assistant. (Section 3-206(a)(3) of the Act)


4)         Have completed at least eight years of grade school or provide proof of equivalent knowledge. (Section 3-206(a)(4) of the Act)


d)         The facility shall certify to the Department that each child care/habilitation aide or developmental disability aide employed by the facility meets the requirements of this Section. Such certification shall be retained by the facility as part of the employee's personnel record. (Section 3-206(c) of the Act)


e)         During inspections of the facility, the Department may require child care habilitation aides or developmental disabilities aides to demonstrate competency in the principles, techniques, and procedures covered by the child care/habilitation aide or developmental disabilities aide training program curriculum described in the rules governing training programs for child care/habilitation aides or developmental disabilities aides (see 77 Ill. Adm. Code 395.310 and 395.320), when possible problems in the care provided by child care/habilitation aides or other evidences of inadequate training are observed.  The State approved manual skills evaluation testing format and forms will be used to determine competency of a child care/habilitation aide or developmental disabilities aide when appropriate.  Failure to demonstrate competency of the principles, techniques and procedures shall result in the provision of in-service training to the individual by the facility.  The in-service training shall address the child care/habilitation or developmental disabilities aides training principles and techniques relative to the procedures in which the aides are found to be deficient during inspection (see 77 Ill. Adm. Code 395).


(Source:  Amended at 20 Ill. Reg. 10106, effective July 15, 1996)