Current through Register Vol. 48, No. 38, September 20, 2024
a)
No child served in a day care home shall remain on the premises for more than
12 hours in any 24-hour period, unless the parent's employment schedule
requires more than 12 hours of day care. Regardless of the parent's work or
training schedule, at no time shall children cared for in a day care facility
remain on the premises for more than 18 consecutive hours.
b) Prior to acceptance of a child for care:
1) The caregiver shall require that the
parent accompany the child to the home to become acquainted with the caregiver
and with the service to be provided.
2) No child under 6 years of age may be
admitted to the day care home unless the health examination, complete with lead
risk assessment if the child resides in an area defined as low risk by the
Department of Public Health, or a screening for lead poisoning if the child
resides in an area defined as high risk by DPH (see 77 Ill. Adm. Code 845 (Lead
Poisoning Prevention Code)), has been completed as required by DPH rules at 77
Ill. Adm. Code 665 (Child Health Examination Code).
3) The caregiver shall require that the
parent provide a certified copy of the child's birth certificate. The
caregiver:
A) Shall provide a written notice
to the parent of a child to be
enrolled for the first time that within
30 days after enrollment the parent shall
provide a certified
copy of the child's birth certificate or other reliable proof of identity and
age of the child.
i) The caregiver
shall promptly make a copy of the certified copy and return the original
certified copy to the parent.
ii)
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 [325 ILCS
50/5].
iii) The notice to parent shall also indicate
that the caregiver 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) Shall notify the Illinois State Police or
local law enforcement agency of the parent's or guardian's failure to submit a
certified copy of the child's birth certificate or other reliable proof of
identity. The caregiver shall also notify the parent in writing that
the Illinois State Police or local law enforcement
has been notified as required by law and that the parent has 10
additional days to comply by submitting the required documentation;
[325 ILCS
50/5]
C)
Shall report to the Illinois State Police or local law
enforcement agency any affidavit received which appears inaccurate or
suspicious in form or content; [325 ILCS
50/5]
D)
Shall 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]
c) The parents shall be permitted to visit
the home, without prior notice, during the hours their children are in
care.
d) A child shall be
discharged from the facility only to the child's parents or to a person
designated in writing by the parents to receive the child.
e) The caregiver shall refuse to release a
child to any person, whether related or unrelated to the child, who has not
been authorized in writing by the parents to receive the child. Persons not
known to the caregiver shall be required to provide a driver's license (with
photo) or photo identification card issued by the Illinois Secretary of State
to establish their identity prior to a child's release to them.
f) The facility shall maintain a list of
persons designated, in writing, by the parents, or guardian to whom the
facility can be expected to discharge the child at least once per week. These
persons, in addition to the parents, shall constitute the primary list of
persons to whom the child may be released. In addition, the facility shall
maintain a contingency list of persons, designated in writing by the parents,
to whom the child may be released less frequently than once per week. When the
child is released to a person on the contingency list, the facility shall
maintain a record of the person to whom the child was released, the date and
time that the child was released, and the manner that the child left the
facility (whether on foot, by passenger car, by taxicab, or by other means of
transportation).
g) Other discharge
provisions of this Section notwithstanding, a child leaving the day care home
to attend school shall be released in accordance with the written authorization
of the parents. The authorization shall include the time that the child is to
be released and the means of transportation the child is to use.
h) All day care homes shall have a written
policy that explains the actions the provider will take if a parent does not
retrieve, or arrange to have someone retrieve, his or her child at the
designated, agreed upon time. The policy shall consist of the provider's
expectations, clearly presented to the parent, in the form of a written
agreement that shall be signed by the parent, and shall include at least the
following elements:
1) The consequences of
not picking up the child on time, including:
A) Amount of late fee, if any, and when those
fees begin to accrue;
B) The degree
of diligence the provider will use to reach emergency contacts, e.g., number of
attempted phone calls to parents and emergency contacts, requests for police
assistance in finding emergency contacts; and
C) Length of time the facility will keep the
child beyond the pick-up time before contacting outside authorities, such as
the child abuse hotline or police.
2) Emphasis on the importance of having
up-to-date emergency contact numbers on file.
3) Acknowledgement of the provider's
responsibility for the child's protection and well-being until the parent or
outside authorities arrive.
4) A
reminder to the day care provider that the child is not responsible for the
situation. All discussions regarding these situations shall be with the parent,
never the child.
i) The
daily list of children in care shall be readily accessible in case of emergency
evacuations and fire drills.
j) All
day care homes providing care to infants, toddlers or preschool age children
shall maintain, and notify parents of, written behavior support and transition
policies, in compliance with 23 Ill. Adm. Code 235.320 (Behavior Support
Plans).
k) Providers of child care
to infants or preschool age children shall maintain documentation regarding:
1) Steps taken to ensure that the child can
participate safely in the program, in accordance with the plan and program
transition policy.
2) This shall
include attempts to utilize qualified professional resources, including when
parental consent is attempted and whether it is obtained. 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
l) Providers
shall communicate with parents for several reasons, including to better
understand the child's strengths and needs, and to share any initial/ongoing
observations by provider or staff of challenging behaviors.
m) Infants, toddlers and preschool age
children who, after documented attempts have been made to meet the child's
individual needs, demonstrate inability to benefit from the type of care
offered by the day care home, or whose presence is detrimental to the group,
shall be transitioned to a different program.
n) For infants, toddlers and preschool age
children, in all instances when a licensee 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 homes shall
have written transition policies that outline:
A) Circumstances in which children may
transition out of the program; and
B) 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 home. 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.
o)
Providers shall collect, and report annually to the Illinois State Board of
Education, information on children transitioning out of the day care home, in
compliance with 23 Ill. Adm. Code 235.340(Reporting).
