Section 801.90  Background Investigations

a)         No secure residential youth care facility license applicant may receive a license, permit, or an expedited permit from the Department, and no person may be employed by a licensed facility unless he or she provides written authorization for a background check which may include, but not be limited to:

1)         A search of the Child Abuse and Neglect Tracking System (CANTS) maintained by the State Central Register to determine whether the person has been indicated as a perpetrator of child abuse or child neglect;

2)         A check of the criminal justice information systems, including, but not limited to, those maintained by the Illinois Department of State Police, the Federal Bureau of Investigation, and the United States Department of Justice, to determine whether the person has been charged with a crime, and if so, the disposition of the charges; and

3)         A pre-employment drug test and an agreement to random drug testing when the Department or the secure residential youth care facility has reasonable suspicion of abuse.

b)         The authorization required under this Section shall be on forms prescribed by the Department and shall include:

1)         Identifying information consisting of name, address, social security number, date of birth, height, weight, hair and eye color, and previous names and addresses;

2)         Fingerprints;

3)         A declaration under penalty of perjury regarding any prior criminal convictions other than a minor traffic violation; and

4)         Authorization for the Department to release the results of the investigation to the governing body or employer.

c)         Each secure residential youth care facility license applicant and employee or prospective employee of a licensed facility shall submit to a fingerprinting process as determined by the Department.

d)         For purposes of this Section only, employees who have been separated from the secure residential youth care facility for six months or longer due to reasons other than approved leave time shall no longer be considered current employees.  Upon their return to active duty, such individuals shall be required to again authorize a background investigation pursuant to this Section.

e)         Employees and prospective employees of a multi-function agency otherwise exempt from the requirements of this Section, but whose duties may require that they be on the premises of a secure residential youth care facility, shall authorize the background investigation required by this Section.

f)          An individual who has authorized the background investigation required by this Section may be employed by a secure residential youth care facility on a provisional or probationary basis pending the outcome of any required background investigation of federal records.