Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 379 - DUAL JURISDICTION
Section 379.3 - Regulation By Other Governmental Units

a) The Department of Children and Family Services will attempt to cooperate with other governmental units to assure that child care facilities are available throughout the state and to protect the health and safety of children in such facilities. Such cooperation will include working with home rule and other local governments to promote consistency and reasonableness of licensing standards.

b) When both the Department of Children and Family Services and a non-home rule unit exercise jurisdiction in determining whether a child care facility will operate, the Department's regulatory powers take precedence over any local enactments.

c) The Department of Children and Family Services and home rule units may exercise concurrent jurisdiction in determining whether a child care facility is permitted to operate. Regulations enacted by home rule units should be reasonable, consistent with uniform state (i.e. The Department of Children and Family Services) standards and accomplish and execute the full purposes and objectives of the Illinois legislature to provide services to children and their families as described in the Department of Children and Family Services Enabling Act, Ill. Rev. Stat., Ch. 23, Sec. 5001 et seq. (1979) and in the Child Care Act, Ill. Rev. Stat., Ch. 23, Sec. 2211 et seq. (1979).

d) When a home rule unit exercises its powers and enacts regulations which result in denial of the local license to a facility meeting the Department of Children and Family Service licensing standards, attempts shall be made to negotiate a resolution acceptable to the Department, the facility, and the home rule community.