Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 10/6

(225 ILCS 10/6) (from Ch. 23, par. 2216)
(Text of Section before amendment by P.A. 103-594)

Sec. 6.

(a) A licensed facility operating as a "child care institution",
"maternity center", "child welfare agency", "day care agency" or "day care
center" must apply for renewal of its license held, the application to be
made to the Department on forms prescribed by it.

(b) The Department, a duly licensed child welfare agency or a suitable
agency or person designated by the Department as its agent to do so, must
re-examine every child care facility for renewal of license, including in
that process the examination of the premises and records of the facility as
the Department considers necessary to determine that minimum standards for
licensing continue to be met, and random surveys of parents or legal
guardians who are consumers of such facilities' services to assess the
quality of care at such facilities.  In the case of foster family homes,
or day care homes under the supervision of or otherwise required to
be licensed by the Department, or under supervision of a licensed child
welfare agency or day care agency, the examination shall be made by the
Department, or agency supervising such homes.  If the Department is
satisfied that the facility continues to maintain minimum standards which it
prescribes and publishes, it shall renew the license to operate the facility.

(b-5) In the case of a quality of care concerns applicant as defined in Section 2.22a of this Act, in addition to the examination required in subsection (b) of this Section, the Department shall not renew the license of a quality of care concerns applicant unless the Department is satisfied that the foster family home does not pose a risk to children and that the foster family home will be able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department rule and procedure.  The Department has the authority to deny an application for renewal based on a record of quality of care concerns.  In the alternative, the Department may (i) approve the application for renewal subject to obtaining additional information or assessments, (ii) approve the application for renewal for purposes of placing or maintaining only a particular child or children only in the foster home, or (iii) approve the application for renewal. The Department shall notify the quality of care concerns applicant of its decision and the basis for its decision in writing.

(c) If a child care facility's license, other than a license for a foster family home, is revoked, or if the
Department refuses to renew a facility's license, the facility may not
reapply for a license before the expiration of 12 months following the
Department's action; provided, however, that the denial of a reapplication
for a license pursuant to this subsection must be supported by evidence
that the prior revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the Department pursuant
to this Act or maintaining a facility which adheres to such standards and
rules.

(d) If a foster family home license (i) is revoked, (ii) is surrendered for cause, or (iii) expires or is surrendered with either certain types of involuntary placement holds in place or while a licensing or child abuse or neglect investigation is pending, or if the Department refuses to renew a foster home license, the foster home may not reapply for a license before the expiration of 5 years following the Department's action or following the expiration or surrender of the license.

(Source: P.A. 99-779, eff. 1-1-17.)

(Text of Section after amendment by P.A. 103-594)
Sec. 6.

(a) A licensed facility operating as a "child care institution", "maternity center", or "child welfare agency", must apply for renewal of its license held, the application to be made to the Department on forms prescribed by it.

(b) The Department, a duly licensed child welfare agency or a suitable agency or person designated by the Department as its agent to do so, must re-examine every child care facility for renewal of license, including in that process the examination of the premises and records of the facility as the Department considers necessary to determine that minimum standards for licensing continue to be met, and random surveys of parents or legal guardians who are consumers of such facilities' services to assess the quality of care at such facilities. In the case of foster family homes, the examination shall be made by the Department, or agency supervising such homes. If the Department is satisfied that the facility continues to maintain minimum standards which it prescribes and publishes, it shall renew the license to operate the facility.

(b-5) In the case of a quality of care concerns applicant as defined in Section 2.22a of this Act, in addition to the examination required in subsection (b) of this Section, the Department shall not renew the license of a quality of care concerns applicant unless the Department is satisfied that the foster family home does not pose a risk to children and that the foster family home will be able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department rule and procedure. The Department has the authority to deny an application for renewal based on a record of quality of care concerns. In the alternative, the Department may (i) approve the application for renewal subject to obtaining additional information or assessments, (ii) approve the application for renewal for purposes of placing or maintaining only a particular child or children only in the foster home, or (iii) approve the application for renewal. The Department shall notify the quality of care concerns applicant of its decision and the basis for its decision in writing.

(c) If a child care facility's (other than a day care center, day care home, or group day care home) license, other than a license for a foster family home, is revoked, or if the Department refuses to renew a facility's license, the facility may not reapply for a license before the expiration of 12 months following the Department's action; provided, however, that the denial of a reapplication for a license pursuant to this subsection must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of satisfying the standards and rules promulgated by the Department pursuant to this Act or maintaining a facility which adheres to such standards and rules.

(d) If a foster family home license (i) is revoked, (ii) is surrendered for cause, or (iii) expires or is surrendered with either certain types of involuntary placement holds in place or while a licensing or child abuse or neglect investigation is pending, or if the Department refuses to renew a foster home license, the foster home may not reapply for a license before the expiration of 5 years following the Department's action or following the expiration or surrender of the license.

(Source: P.A. 103-594, eff. 7-1-26.)