Section 407.250  Enrollment and Discharge Procedures


a)         The day care center shall enroll only those children eligible under the center's written enrollment policies.  The center shall not use eligibility criteria that screen out children with disabilities, and shall make reasonable modifications in policies, practices and procedures to accommodate children with disabilities.


b)         Prior to enrollment, the parents shall be provided information about the program and given an opportunity to observe during the hours of operation.


c)         The day care center shall provide publicly available written statements that include the following and that are given to parents at the time their child is enrolled in the facility:


1)         Names, business address and telephone number of those persons legally responsible for the program and of those persons having immediate responsibility for the daily conduct of the program;


2)         Statement of services, purposes and goals;


3)         Description of the daily program;


4)         Fees and plan for payment;


5)         Policies regarding delinquent fees;


6)         Types of insurance coverage for children;


7)         Admission, enrollment, and discharge policies and procedures:


A)        Hours of operation;


B)        Information regarding part-time enrollment, if applicable;


C)        Holiday and vacation schedules;


8)         Arrangements for arrival and departure of children (time, location, transportation);


9)         Provision for emergency medical care, treatment of illness and accidents, which includes:


A)        A plan to obtain prompt services of physician and hospitalization, if needed or a plan from the parent to access the services of a certified practitioner for a child exempt from medical care on religious grounds; and


B)        A plan for immediately notifying the parent of any illness, accident or injury to the child;


10)        Formal religious observance or instruction, if any;


11)        Visits, trips, or excursions off the premises and the transportation used for these visits, trips, or excursions;


12)        Procedures concerning personal belongings brought to the center;


13)        Policy regarding release of personal information on the child or family;


14)        Guidance and discipline policy;


15)        Planned means of communication between the center and the parents;


16)        Day care centers subject to testing of water for the presence of lead shall inform parents where in the facility the results of all water testing (at, above or below 2.01 ppb) are prominently posted and any mitigation actions that are in place; and


17)        Behavior Support and program transition policies.


d)         The facility shall distribute a summary of the licensing standards, provided by the Department, to the parents of each child at the time that the child is accepted for care in the facility.  In addition, consumer information materials provided by the Department including, but not limited to, information on reporting and prevention of child abuse and neglect and preventing and reporting communicable disease shall be distributed to the parents or each child cared for when designated for distribution by the Department.


e)         The day care center may ask parents to share professional evaluations during the enrollment process when necessary to determine how best to meet the needs of the child.


f)         Parents shall be informed of and agree to any variations in regular procedures undertaken to meet the specific needs of their child.


g)         The day care center shall give parents adequate information about the program so parents can make an informed decision regarding the enrollment of their child.  At the time of enrollment, the parents shall receive a copy of all written policy statements required by Section 407.250(c).


h)         Staff shall be informed of the child's enrollment before a child's first day of attendance and given the information necessary to make the child's initial adjustment as comfortable as possible.


i)          The day care center shall maintain a record on all children enrolled in the center to help staff plan effectively to meet each child's individual needs.


1)         A written enrollment application shall be on file for each child with the signatures of the enrolling parents.  The application shall contain the following information:


A)        Child's full name, date of birth and gender;


B)        Date of enrollment and discharge;


C)        Scheduled days and hours of care;


D)        Name, home address and telephone number of parents;


E)        Work hours of parents and name, address and telephone number of place of employment;


F)         Name, address and telephone number of the child's physician or certified Christian Science practitioner, if applicable;


G)        Name, address and telephone number of all persons authorized to pick up the child, which includes both:


i)          A primary list of persons authorized to pick up the child regularly; and


ii)         A contingency list of persons authorized to pick up the child occasionally, including conditions for releasing the child to such persons;


H)        Name, address and telephone number (day and evening) of persons to be contacted in an emergency if the parents cannot be reached; and


I)         Information regarding the child's individual development, habits, medical needs and other factors critical to the child's well-being and ability to participate in the program.


2)         Written agreements and consents for the following shall be on file for each child:


A)        Visits, trips or excursions off the premises, including transportation arrangements, when appropriate;


B)        Health care and treatment, including emergency first-aid;


C)        Child's involvement in research, if applicable;


D)        Formal religious instruction or observances, if applicable;


E)        Use of photographs, film or video of children;


F)         School attendance away from the center, if applicable, including the time the child shall be released and the means of transportation the child shall use;


G)        Participation in athletic activities such as swimming or gymnastics, if applicable; and


H)        Use of facility transportation, if applicable.


3)         Reports of health examinations, unless waived in accordance with Section 407.310(a)(7).


4)         The day care center shall:


A)        Provide a written notice to the parent of any child to be enrolled for the first time that within 30 days of enrollment the parent must provide a certified copy of the child's birth certificate or other reliable proof of identity and age of the child.  The center shall make a duplicate and return the original certified copy to the parent no later than the end of the next business day after receipt. If a certified copy of the birth certificate is not available, the parent must submit a passport, visa or other governmental documentation as proof of the child's identity and age and an affidavit or notarized letter explaining the inability to produce a certified copy of the birth certificate. The center's notice to parent shall also indicate that the center is required by law to notify the Illinois State Police or local law enforcement agency if the parent fails to submit proof of the child's identity within the 30 day time frame;


B)        Notify the Illinois State Police or local law enforcement agency of the parent's failure to submit a certified copy of the child's birth certificate or other reliable proof of identity. The center shall also notify the parent or guardian in writing that the Illinois State Police or local law enforcement has been notified as required by law, advising the parent that he or she has 10 additional days to comply by submitting the required documentation;


C)        Report to the Illinois State Police or local law enforcement agency any affidavit received that appears inaccurate or suspicious in form or content;


D)        Flag the record of a child enrolled at the day care who is reported by the Illinois State Police as a missing person, and shall immediately report to the Illinois State Police any request concerning flagged records or knowledge as to the whereabouts of any missing child. [325 ILCS 50/5]


j)          Infants, toddlers and preschool age children who, after documented attempts have been made to meet the child's individual needs, demonstrate an inability to benefit from the type of care offered by the facility, or whose presence is detrimental to the group, shall be transitioned to a different program.


k)         For infants, toddlers and preschool age children, in all instances when a facility decides that it is in the best interest of the child to transition to a different program, the child's and parents' needs shall be considered by planning with the parents to identify the new program, and working with the parents and pending program on a transition plan designed to ensure continuity of services to meet the child's needs.  Licensees shall adhere to the following requirements regarding program transition plans:


1)         All day care centers shall have written transition policies that outline circumstances in which children may transition out of the program and what the transition process entails;


2)         Providers shall notify the Department of transition plans;


3)         Nothing shall preclude a parent's or legal guardian's right to withdraw his or her child from a day care center.  A written statement from the parent or guardian shall be requested by the provider and kept on file, stating the reason for the decision to withdraw the child; and


4)         If parents/guardians are unable to provide a letter, the licensee shall maintain documentation that includes the requestor's name and relationship to the child, along with the withdrawal date.  The licensee must also sign and date the documentation.


l)          Providers of childcare to infants, toddlers or preschool age children shall maintain documentation regarding steps taken to ensure that the child can participate safely in the program, in accordance with the behavior support plan and program transition policy.  This shall include attempts to utilize qualified professional resources, including when parental consent is attempted and whether it is obtained. 


m)        Early intervention services received by children shall be documented in the behavior support plan.  Providers shall also document whether children are evaluated by the Early Intervention Program and/or the school district and, with regard to those children evaluated, whether they are found eligible or ineligible to receive services.


n)         Providers shall collect, and report annually to the Illinois State Board of Education, in compliance with 23 Ill. Adm. Code 235.340 (Reporting), information on children.


(Source:  Amended at 44 Ill. Reg. 16138, effective September 18, 2020)