Current through Register Vol. 48, No. 38, September 20, 2024
a) Causes for
Licensure Action
The Board may suspend, revoke or refuse to reinstate, and the
Department may refuse to issue, any license issued by the Department for any of
the following acts:
1) violation or
negligent disregard of this Part;
2) a charge or criminal conviction of any
offenses stipulated under the Criminal Code of 2012 and listed in Section 4.2
of the Child Care Act (a pending charge may result only in suspension or
temporary refusal to reinstate);
3)
making any material misrepresentation relevant to obtaining a license,
including, but not limited to, failure to certify on the form, or a false
statement, that the applicant is not more than 30 days delinquent in complying
with a child support order;
4) an
egregious act that demonstrates incompetence, unfitness or blatant disregard
for one's duties in providing direct child welfare services;
5) a pattern of deviation from a standard of
child welfare practice that could result in an injury to a child or a pattern
of dishonesty that places State funds or records at risk;
6) aiding or assisting another person in
violation of any provision of this Part;
7) failing to provide information or
documents regarding a licensure investigation or license within 30 days after a
written request by the OIG or the Department;
8) habitual or excessive use of, or addiction
to, alcohol, narcotics, stimulants, or any other chemical agent or drug that
results in a worker's inability to practice with reasonable judgment, skill or
safety. This shall not include any person who has sought, will seek or is
receiving substance abuse treatment if it does not impact on his or her ability
to practice with reasonable judgment, skill or safety;
9) discipline by another state or national
licensing entity when the grounds for suspension, revocation or refusal to
reinstate are substantially the same as at least one of the grounds established
in this Section;
10) falsification
of case records, court reports or court testimony;
11) failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child
Reporting Act (ANCRA) [325 ILCS 5 ];
12) being named as an alleged perpetrator in
a pending child abuse or neglect report;
13) being named as a perpetrator in an
indicated report by the Department under ANCRA unless or until the indication
is reversed on appeal or administrative court review in accordance with 89 Ill.
Adm. Code 336 (Appeal of Child Abuse and Neglect Investigation Findings);
or
14) has not been convicted of
more than two offenses against traffic regulations governing the movement of
vehicle within a 12-month period or being convicted of reckless driving,
driving under the influence of alcohol or other drugs, or manslaughter or
reckless homicide resulting from the operation of a motor vehicle.
b) Other Causes for Licensure
Action
The Department shall refuse to issue and the Board may suspend,
revoke or refuse to reinstate any license for the following causes:
1) Mental Health and Developmental
Disabilities
Involuntary admission of a licensee to a mental health facility
as provided in the Mental Health and Developmental Disabilities Code [405 ILCS
5 ] shall result in an automatic suspension of his or her license by the Board.
The license may be reinstated by the Board after a court finding that the
licensee is no longer subject to involuntary admission;
2) Delinquent Compliance with a Child Support
Order
Upon a final finding of delinquency or failure to comply with a
subpoena or warrant, the Department shall refuse to issue a license to, or the
Board shall refuse to reinstate or shall suspend or revoke the license of, a
person who is more than 30 days delinquent in paying a child support order as
specified in Section 10-65 of the Illinois Administrative Procedure Act. The
license may be reinstated by the Board after a finding that the licensee is no
longer delinquent in paying a child support enforcement order;
3) Default of Educational Loan
The Department shall refuse to issue and the Board shall refuse
to reinstate, or shall suspend or revoke, the license of a person who is found
to be in default of an educational loan in accordance with Section 2 of the
Educational Loan Default Act. The license may be reinstated by the Board after
a finding that the licensee is no longer in default of the educational loan;
or
4) Transporting a Child
without a Valid Driver's License
The Board shall immediately revoke the license of any employee
who, in the course of performing his or her duties, has transported a child or
children with a motor vehicle without having a valid driver's
license.
