Section 385.40  Authorization for Background Checks


a)         Persons Required to Authorize Background Checks


1)         All persons (including non-licensed service providers) required to authorize background checks (as defined in Section 385.20) must authorize such checks as a condition of employment and continuing employment, initial license or the renewal of an existing license, continued licensing, or when required for a contract with the Department.


2)         Each owner of a child care facility must certify, under penalty of perjury on forms prescribed by the Department, that he or she is current or not more than 30 days delinquent in complying with a child support order.  Failure to so certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. (Section 10-65(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-65(c)])


b)         Contents of Authorization

The authorization required by this Section shall be on forms prescribed by the Department and shall include:


1)         identifying information consisting of name, address, Social Security number, date of birth, height, weight, hair and eye color, previous names and addresses;


2)         a certification under penalty of perjury identifying any prior criminal convictions other than a minor traffic violation, as defined by this Part, and of any pending criminal charges; and


3)         authorization for the Department to release the results of the background check to the governing body or employer or, in the case of a group home or a child care facility operating in a family home, to the supervising agency for the child care facility.


c)         Employees Absent from Active Duty

For purposes of this Part only, employees who have been separated from a child care facility licensed by the Department for six months or longer (for reasons other than vacation, sabbatical leave, sick leave or maternity leave) shall no longer be considered current employees.  Upon their return to active duty, such individuals shall be required to again authorize a background check pursuant to this Part.


d)         Transfers Between Licensed Facilities

A facility that hires an employee who has cleared a complete background check consisting of a criminal history check and a CANTS/SACWIS check and a check of the Illinois Sex Offender Registry at a facility licensed by the Department shall submit a new signed authorization of background check for the employee. Such an employee who has cleared a background check as described in this subsection does not need to be fingerprinted again unless the Department specifically requests new prints (e.g., when fingerprints cannot be found).


e)         Operation of Seasonal Programs

Child care facilities that operate seasonal programs, such as migrant Head Start or other summer-only programs, hire staff on a seasonal basis for work in the program and then discharge or lay off the staff until the beginning of the next season. When the time period between the end of one seasonal program and the beginning of the next program is more than six months, a check of the CANTS/SACWIS and the Illinois Sex Offender Registry must be completed (if the individual has access to children) before the individual begins his or her duties for the next season. 


f)         Commingling Not Permitted

If a child care facility operates within the same building as other agencies or organizations or is part of a multi-function agency that offers services which are not subject to Department licensing, the child care facility shall develop a plan to limit access to children receiving care in the licensed facility by individuals who are not subject to the background check requirements of this Part. The plan shall be approved in writing by the governing body and the supervising licensing agency, before a license is recommended.


g)         Conditional Employment

Individuals hired to begin employment who have authorized the background check required by this Part may be employed by a child care facility on a conditional basis pending the outcome of the required background check.  The form authorizing such a background check shall be submitted to Department of Children and Family Services as indicated in Section 385.30(d)(2).


h)         Limitations on the Use of Conditional Employees

Conditional employees shall not be left alone with children outside the visual and auditory supervision of staff until they have cleared a check of CANTS/SACWIS and the Illinois Sex Offender Registry.


(Source:  Amended at 39 Ill. Reg. 5384, effective March 25, 2015)