Illinois Administrative Code
Title 59 - MENTAL HEALTH
Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS
Subpart C - GENERAL AGENCY REQUIREMENTS
Section 115.321 - Application for Waiver of the Prohibition Against Employment
Universal Citation: 59 IL Admin Code ยง 115.321
Current through Register Vol. 48, No. 12, March 22, 2024
a) Hiring of direct care professionals
A CILA agency shall not knowingly hire or retain any person after January 1, 1998 in a full-time, part-time, volunteer or contractual direct care position if that person has been convicted of committing or attempting to commit one or more of the offenses outlined in Section 25 of the Health Care Worker Background Check Act [225 ILCS 46 ] unless the applicant or employee obtains a waiver pursuant to subsection (b).
b) Health Care Worker Registry request for waiver
1)
An
applicant, employee, or nurse aide may request a waiver of the prohibition
against employment. [225 ILCS 46/40 ]
2) CILA agency employees may assist the
applicant, employee, or nurse aide in completing the application.
3) The outcome of the waiver request shall be
determined by the Illinois Department of Public Health pursuant to Section 40
of the Health Care Worker Background Check Act and 77 Ill. Adm. Code
955.
c) DCFS State Central Register/Child Abuse and Neglect Tracking System (CANTS)
1) The Community-Integrated Living
Arrangements Licensure and Certification Act directs that the
Department of Human Services establish a waiver process from the
prohibition of employment or termination of employment for any applicant or
employee listed on the DCFS' State Central Register seeking to be hired or
maintain his or her employment with a community developmental services
agency [210 ILCS 135/13 ].
2) The CILA agency must comply with 59 Ill.
Adm. Code 115.320(b)(3)(B).
3) Application for waiver
A) Waiver requests with all required and any
supplemental materials should be submitted via email at
DHS.CANTSDDWaiver@illinois.gov to the Department's Division of Developmental
Disabilities (DDD). Waiver requests and supporting materials should be
submitted via email; however, requests may be faxed to (217) 782-9444, or
mailed to Division of Developmental Disabilities, Bureau of Quality Management,
600 East Ash, Building 400, Mail Stop 2 North, Springfield, IL 62703. Faxed and
mailed waiver requests must be clearly marked as "DCFS CANTS Waiver Request."
Waiver requests submitted by telephone will not be considered.
B) The CILA provider or the individual listed
on the DCFS' State Central Register (or their authorized representative) may
submit waiver requests to DDD.
C)
If a CILA provider submits a waiver request for more than one employee or
prospective employee at the same time, each request must be a separate
submission.
D) Upon receipt, DDD
will review submitted materials and advise the waiver applicant, authorized
representative or CILA provider, in writing, if any additional information is
required.
E) DDD will provide a
response in writing to each waiver request within 30 calendar days after
receipt and review of all applicable materials and responses from waiver
applicant and/or CILA provider. DDD's review will include, but is not limited
to, DCFS' investigative reports and DHS Office of the Inspector General's
intake and investigative reports.
F) Delays in receiving requested materials
from the waiver applicant or CILA provider that exceed 30 calendar days and are
without good cause will result in DDD issuing a denial of the waiver request.
Waiver requests denied for waiver applicant or CILA provider delays may be
resubmitted for consideration.
G)
If a waiver request is approved, it will be specific to a position and CILA
provider.
H) If a waiver request is
approved, it will be automatically revoked upon notice to CILA provider of
another listing of the waivered individual on the DCFS' State Central
Register.
I) All decisions by DDD
regarding waiver requests will be final.
4) A waiver request must include the
following information concerning the waiver applicant:
A) First, full middle, and last
names;
B) Address (street and
mailing, if different);
C) City,
state, and zip code;
D) Maiden
name, if applicable, and other names used;
E) Telephone number;
F) Date of birth;
G) Social Security Number;
H) CANTS finding from the DCFS' CANTS
Background Check Information Form;
I) Name, address, phone, email and contact
for CILA provider where position is sought or sought to be continued;
J) Position held or sought;
K) Work history, including current
position;
L) Correspondence from
CILA provider where position is sought or sought to be continued on CILA
provider's letterhead which includes:
i) A
signed statement of support for the waiver request from the CILA provider's
chief executive officer;
ii) The
length of time the individual has been employed by the CILA provider;
iii) Information regarding previous
employment by the provider in residential and day programs for people with
intellectual/developmental disabilities;
iv) Applicable information regarding the
individual's work history with the CILA provider organization, e.g.,
evaluations, any past disciplinary action (or lack thereof), positive
recognition for work well done, etc.; and
M) Any additional information the individual
would like to provide regarding the waiver request.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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