TITLE 89: SOCIAL SERVICES
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AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10/5.2] and the Children's Product Safety Act [430 ILCS 125].
SOURCE: Adopted at 24 Ill. Reg. 17025, effective November 1, 2000.
Section 386.10 Purpose
The purpose of this Part is to ensure:
a) that all child care facilities licensed by the Department are aware of the provisions of the Children's Product Safety Act that apply to them.
b) that all child care facilities licensed by the Department conduct ongoing surveys of their premises for any unsafe children's products.
c) that all child care facilities licensed by the Department have applied the appropriate remedy to any unsafe children's product discovered on their premises pursuant to the Children's Product Safety Act.
Section 386.20 Definitions
"Child care facility" means any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in the Child Care Act of 1969, established and maintained for the care of children. "Child care facility" includes a relative who is licensed or who applies for a license as a foster family home under Section 4 of the Child Care Act of 1969. (Section 2.05 of the Child Care Act of 1969)
"Children's product" means a product, including but not limited to a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:
• the product is designed or intended for the care of, or use by, children under 6 years of age or is designed or intended for the care of, or use by, both children under 6 years of age and children 6 years of age or older; and
• the product is designed or intended to come into contact with the child while the product is used.
Notwithstanding any other provision of this definition, a product is not a "children's product" for purposes of the Children's Product Safety Act if:
• it may be used by or for the care of a child under 6 years of age, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by, or the care of, a child; or
• it is a medication, drug, or food or is intended to be ingested. [430 ILCS 125/10]
"Crib" means a bed or containment designed to accommodate an infant. [430 ILCS 125/10]
"Department" means the Illinois Department of Children and Family Services. (Section 2.02 of the Child Care Act of 1969)
"Full-size crib" means a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs. [430 ILCS 125/10]
"Infant", for the purposes of this Part, means any person less than 35 inches tall and less than 3 years of age. [430 ILCS 125/10]
"Licensee" means those individuals, agencies, or organizations who hold a license or permit issued by the Department of Children and Family Services.
"Licensing representative" means persons authorized by the Department under the Child Care Act of 1969 to examine facilities for licensure.
"Non-full-size crib" means a non-full-size crib as defined in Section 1509.2 of Title 16 of the Code of Federal Regulations regarding the requirements for non-full-size cribs. [430 ILCS 125/10]
"Person" means a natural person, firm, corporation, limited liability company, or association, or an employee or agent of a natural person or an entity included in this definition. [430 ILCS 125/10]