TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER d: LICENSING ADMINISTRATION
PART 378 DAY CARE INFORMATION LINE
SECTION 378.20 DEFINITIONS


 

Section 378.20  Definitions

 

            "Complaint" means any report to the Department alleging violation of the laws or rules related to the licensing of child care facilities.

 

            "Day care agency" means any person, group of persons, public or private agency, association or organization which undertakes to provide one or more day care homes with administrative services including, but not limited to, consultation, technical assistance, training, supervision, evaluation and provision of or referral to health and social services under contractual arrangement.  (Section 2.11 of the Child Care Act of 1969 [225 ILCS 10/2.11])

 

            "Day care center" means any child care facility which regularly provides day care for less than 24 hours per day for more than 8 children in a family home or more than 3 children in a facility other than a family home, including senior citizen buildings.  The term does not include:

 

•           programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning which serve children who shall have attained the age of 3 years;

 

•           programs or that portion of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Education;

 

•           educational program or programs serving children who shall have attained the age of 3 years and which are operated by a school which is registered with the State Board of Education and which is recognized or accredited by a recognized national or multi-state educational organization or association which regularly recognizes or accredits schools;

 

•           programs which exclusively serve or that portion of the program which serves handicapped children who shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and applicable fire marshal standards;

 

•           facilities operated in connection with a shopping center or service, religious services or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available;

 

•           any type of day care center that is conducted on federal government premises;

 

•           special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations;

 

•           part day child care facilities, as defined in Section 2.10 of the Act; or

 

•           programs or that portion of the program which:

 

•           serves children who shall have attained the age of 3 years,

 

•           is operated by churches or religious institutions as described in Section 501(c)(3) of the federal Internal Revenue Code,

 

•           receives no governmental aid,

 

•           is operated as a component of religious, nonprofit elementary school,

 

•           operates primarily to provide religious education, and

 

•           meets appropriate State or local health and fire safety standards.

 

            For purposes of this Part, "children who shall have attained the age of 3 years" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program.  (Section 2.09 of the Child Care Act of 1969 [225 ILCS 10/2.09])

 

            "Day care facility" means a day care home, group day care home, day care agency or day care center subject to licensing by the Department of Children and Family Services.

 

            "Day care home" means family homes which receive more than 3 up to a maximum of 12 children including the family's natural, foster, or adopted children and all other persons under the age of 12.  The term does not include facilities which receive only children from a single household.  (Section 2.18 of the Child Care Act of 1969 [225 ILCS 10/2.18])

 

            "Department" means the Illinois Department of Children and Family Services.  (Section 2.18 of the Child Care Act of 1969 [225 ILCS 10/2.18])

 

            "Group day care home" means a family home which receives more than 3 up to 16 children for less than 24 hours per day.  The number counted includes the family's natural, foster, or adopted children and all other persons under the age of 12.  (Section 2.20 of the Child Care Act of 1969 [225 ILCS 10/2.20])

 

            "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.

 

            "License capacity" means the maximum number of day care children under age 12 permitted in the facility at any one time.

 

            "License violation" means a violation of the Department of Children and Family Services licensing standards that results in a corrective action plan or jeopardizes the health, safety and welfare of a child.

 

            "Pending revocation" means a situation where the Department has issued to the provider a notice of intent to revoke, refuse to renew or refuse to issue full license, and the provider has filed an appeal, thereby stopping the enforcement action until the appeal hearing has been held and a decision rendered.

 

            "Substantiated complaint" means a violation of Department of Children and Family Services licensing standards or the Child Care Act which has been substantiated through a licensing complaint investigation.

 

(Source:  Amended at 24 Ill. Reg. 8508, effective July 1, 2000)