Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 406 - LICENSING STANDARDS FOR DAY CARE HOMES
Appendix C - Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Day Care Home
A. The Department makes the presumption that an individual who has been determined to be a perpetrator of child abuse or neglect involving the allegations listed below, as defined in Appendix B, Child Abuse and Neglect Allegations of 89 Ill. Adm. Code 300, Reports of Child Abuse and Neglect is not suitable for work that allows access to children.
Death
Head injury, brain damage, skull fracture or hematoma
Internal injuries
Wounds (gunshot, knife, or puncture)
Torture
Sexually transmitted diseases
Sexual penetration
Sexual molestation
Sexual exploitation
Failure to thrive
Malnutrition
Medical neglect of disabled infant
A single indicated report of child abuse or neglect that resulted in serious injury to the child, regardless of the allegations involved
More than one indicated report involving any of the following allegations, regardless of severity:
Burns or scalding
Poison or noxious substances
Bone fractures
Cuts, bruises, welts, abrasions and injuries
Human bites
Sprains or dislocations
Tying or close confinement
Substance misuse
Mental and emotional impairment
Substantial risk of physical injury
Inadequate supervision
Abandonment or desertion
Medical neglect
Lock-out
Inadequate food
Inadequate shelter
Inadequate clothing
Environmental neglect
If the licensees/license applicants believes there are unusual circumstances that should be considered to mitigate the presumption of unsuitability, the licensees/license applicants may request a waiver of the presumption of unsuitability. Materials to be considered are to be submitted to the licensing entity.
B. Criminal Convictions Which Prevent Licensure or Employment
If any person subject to background checks has been included in the Statewide Child Sex Offender Database or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5 ] or under any earlier Illinois criminal law or code or an offense in another state, the elements of which are similar and bear a substantial relationship to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a license or permit to operate as a child care facility and from obtaining employment or continuing in employment in a licensed child care facility that allows access to children as part of the duties.
The offenses that serve as a bar to licensure, residence in a family home in which a child care facility operates, or employment that allows access to children in any child care facilities subject to licensing include:
OFFENSES DIRECTED AGAINST THE PERSON
HOMICIDE
Murder
Solicitation of murder
Solicitation of murder for hire
Intentional homicide of an unborn child
Voluntary manslaughter of an unborn child
Involuntary manslaughter
Reckless homicide
Concealment of a homicidal death
Involuntary manslaughter of an unborn child
Reckless homicide of an unborn child
Drug induced homicide
KIDNAPPING AND RELATED OFFENSES
Kidnapping
Aggravated kidnapping
Aggravated unlawful restraint
Forcible detention
Child abduction
Aiding and abetting child abduction
Harboring a runaway
SEX OFFENSES
Indecent solicitation of a child
Indecent solicitation of an adult
Public indecency
Sexual exploitation of a child
Custodial sexual misconduct
Presence within school zone by child sex offenders
Approaching, contacting, residing, or communicating with a child within a public park zone by child sex offenders
Sexual relations within families
Prostitution
Soliciting for a prostitute
Soliciting for a juvenile prostitute
Solicitation of a sexual act
Pandering
Keeping a place of prostitution
Keeping a place of juvenile prostitution
Patronizing a prostitute
Patronizing a juvenile prostitute
Pimping
Juvenile pimping
Exploitation of a child
Obscenity
Child pornography
Harmful material
Tie-in sales of obscene publications to distributors
Posting of identifying information on a pornographic Internet site
BODILY HARM
Heinous battery
Aggravated battery with a firearm
Aggravated battery of a child
Tampering with food, drugs, or cosmetics
Hate crime
Stalking
Aggravated stalking
Threatening public officials
Home invasion
Vehicular invasion
Criminal sexual assault
Aggravated criminal sexual assault
Predatory criminal sexual assault of a child
Criminal sexual abuse
Aggravated sexual abuse
Criminal transmission of HIV
Criminal neglect of an elderly or disabled person
Child abandonment
Endangering the life or health of a child
Ritual mutilation
Ritualized abuse of a child
Drug induced infliction of great bodily harm
Refer to Appendix A of Part 385 for additional convictions that bar licensure of or employment in a child care facility.
