Section 385.36  Placement Decisions in Foster Family Homes

Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases.  Final approval for placement shall not be granted if the record check reveals a non-waivable conviction listed in Appendix A of this Part, a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years. [20 ILCS 505/5(v-1)]

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)