Section 385.10  Purpose

 

The purpose of this Part is to ensure the safety and well-being of children cared for by non-licensed service providers, or in any child care facility subject to licensing by the Department of Children and Family Services by requiring that the operators of child care facilities and other persons subject to background checks, as defined in this Part, the Child Care Act of 1969 [225 ILCS 10], be screened for a history of child abuse or child neglect, a history of sex offender registration, prior criminal convictions, and pending criminal charges.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.20  Definitions

 

"Access to children" means an employee's job duties requires that the employee be present in a licensed child care facility during the hours that children are present in the child care facility.  In addition, any person who is permitted to be alone outside the visual and auditory supervision of child care facility staff with children present in a licensed child care facility is considered to have access to children.

 

"Adult" means any person who is 18 years of age or older.

 

"Authorization for background check" means a complete, signed form prescribed by the Department which authorizes a background check as defined in this Part.  An authorization for a background check may be used for the initial and all subsequent background checks required to determine compliance with the requirements of this Part.

 

"Background check" means a partial or comprehensive criminal background clearance, or a child welfare agency/congregate care background clearance for all eligible individuals living or working in a licensed child care facility or non-licensed service provider.

 

"Background check clearance" means no disqualifying offenses were identified during the background check.

 

"Child" means any person under 18 years of age. For purposes of admission to and residence in child care institutions, group homes, and maternity centers, the term also means any person under 21 years of age who is referred by a parent or guardian, including an agency having legal responsibility for the person pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.  [225 ILCS 10.201]

 

"Child Care Act" means the Illinois Child Care Act of 1969 [225 ILCS 10].

 

"Child care facility" means any person, group of persons, agency, association, organization, corporation, institution, center, or group, 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, established and maintained for the care of children.  "Child care facility" includes a relative who is licensed as a foster family home under Section 4 of the Child Care Act.  [225 ILCS 10/2.05] A child care facility includes the following facilities defined in the Child Care Act of 1969: child care institution, maternity center, child welfare agency, day care center, group home, foster family home, host home, day care home, group day care home, secure child care facility, or youth emergency shelter.

 

"Child Welfare Contributing Agency" or "Contributing Agency" means a public or private entity, that by contract or agreement with the Department, provides placement or child welfare case management (or any combination of these) to children and families.

 

"Congregate care facility" means a child care facility that holds a license issued by the Department for one of the following:  Youth Emergency Shelter, Youth Transitional Housing Program, Child Care Institution, Maternity Center, Group Home, or Secure Child Care Facility.

 

"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. If judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. [720 ILCS 5/2-5]

 

"Denial of application for license" means the refusal to grant a license or permit to a person, group of persons, agency, association, or organization that applied for a license to operate a child care facility.

 

"Department" or "DCFS" means the Illinois Department of Children and Family Services.  [225 ILCS 10/2.02]

 

"Director" means the Director of the Illinois Department of Children and Family Services.

 

"Employee" as used in this Part, means any staff person employed by a child care facility, including any paid or unpaid volunteer, unlicensed contractual employee, substitute, or assistant and other support staff who have access to children.

 

"Governing body" means the board of directors of a corporation; otherwise, the term means the owners or other persons, agency, association, or organization legally responsible for the operation of the child care facility.

 

"Host home" means an emergency foster family home under the direction and regular supervision of a licensed child welfare agency, contracted to provide short-term crisis intervention services to youth served under the Comprehensive Community-Based Youth Services program, under the direction of DHS.  The youth shall not be under the custody or guardianship of DCFS pursuant to the Juvenile Court Act of 1987. [225 ILCS 10/2.17(g)]

 

"Illinois Sex Offender Registry" means the registry maintained by the Illinois State Police under the Sex Offender Registration Act [730 ILCS 150].   The registry is operated and maintained by the Illinois State Police.

 

"Initial background check" means for day care homes, group day care homes, and day care centers only, the following components of a background check have been conducted and a satisfactory result received:

 

A clearance from either the FBI fingerprint check; or

 

A fingerprint clearance from the state criminal repository in the state where an individual currently resides (for residents of Illinois this is the Illinois State Police (ISP)).

 

"License" means a document issued by the Department that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act.

 

"License applicant" means, for purposes of background checks, the operator or person with direct responsibility for daily operation of the facility to be licensed.  [225 ILCS 10/4.4]

 

"Licensing entity" means the Department or a contributing agency recommending the license or processing the employment application.

 

"Licensing representative" means a person authorized by the Department under the Child Care Act to examine facilities for licensure.

 

"Member of the household" means a person of any age whose legal residence is at a licensed foster family home, host home, day care home or group day care home, or any adult who stays in the home on a regular or part-time basis, including paramours.

 

"Minor traffic violation" means a traffic violation under the laws of the State of Illinois or any municipal authority therein or another state or municipal authority that is punishable solely as a petty offense.

 

"Multi-function agency" means an agency, association, or other organization that operates a child care facility or child welfare agency, in addition to other services not subject to licensure under the Child Care Act of 1969.  A child care facility or child welfare agency may consist of distinct units, divisions, or departments of a multi-function agency.  In a multi‑function agency, the persons with direct authority for the operations of the child care facility and those who have access to children, as defined in this Section, are subject to the background check requirements of this Part.

 

"National crime information databases means the National Crime Information Center (NCIC) and its incorporated criminal history databases, including the Interstate Identification Index.

 

"National Sex Offender Public Website" means the Dru Sjodin National Sex Offender Public Website (NSOPW), a U.S. government website that links public state, territorial, and tribal sex offender registries in one national search site.

 

"National Sex Offender Registry" means an electronic national registry of sex offenders, operated and maintained by the Federal Bureau of Investigation (FBI) National Crime Information Center, established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).

 

"Non-licensed service provider" means an individual or entity that contracts with the Department to provide child welfare services that enable the Department to perform its duties under the Abused and Neglected Child Reporting Act [325 ILCS 5], the Child Care Act of 1969, and the Children and Family Services Act [20 ILCS 505]. [225 ILCS 10/2.28] It also includes a person who provides child care in their home to a child for whom the Department is legally responsible on a weekly basis or several times per week; cares for no more than three children under the age of 12; or receives only children from a single household for less than 24 hours per day.  The three children include the family's own children or adopted children and any other persons under the age of 12, whether related or unrelated to the service provider.  (See 89 Ill. Adm. Code 377)

 

"Operator" means any person responsible for the day-to-day management of the child care facility.

 

"Parental involvement" means parental assistance with a child care program such as participation in field trips, parties, attendance on special days for special events, or parental support and cooperation in the classroom.

 

"Pre-hire offer of employment" means an offer of prospective employment to an individual by a child welfare agency or congregate care facility. The prospective employee must receive a complete child welfare agency/congregate care background check clearance prior to being eligible for an employment start date.  Prospective employees shall not begin work while awaiting a background check clearance.

 

"Presumption of unsuitability" means a licensee, applicant for licensure, a member of the applicant's or licensee's household, or a prospective employee or volunteer has been:

 

indicated as a perpetrator of neglect and/or abuse that resulted in a 20- or 50-year retention; or

 

indicated as a perpetrator on two separate child protection investigations, each with 5-year retentions.

 

"Probationary day care employee" means a prospective employee or volunteer of a day care facility who:

 

Has been hired on a probationary basis; and

 

Has met the initial background check requirements as defined in this Part; and

 

Is awaiting complete results of a comprehensive criminal background check. 

 

Probationary day care employees or volunteers may not be left alone with children and must always be supervised by an individual who has received a complete comprehensive criminal background check clearance within the past five years.

 

"Resource personnel" means physicians, nurses, psychologists, social workers, speech therapists, physical and occupational therapists, educators, and other technical and professional persons whose expertise is utilized in providing specialized services to children.  Resource personnel who are not employed by a day care facility are not required to complete a comprehensive background check through the Department as they shall not be left alone with children.

 

"Replacement or supplemental staff" means any paid or unpaid individual who is used to perform essential staff duties as evidenced by being counted in the staff-child ratio or being allowed to be alone with children in a licensed child care facility outside the visual or auditory supervision of child care facility staff.

 

"State Central Register" means a central register of all cases of suspected child abuse or neglect reported and maintained by the Department under the Abused and Neglected Child Reporting Act [325 ILCS 5/7].

 

"Supervising agency" means a licensed child welfare agency, a license-exempt agency, or the Department.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.30  Background Checks for Day Care Homes, Group Day Care Homes, and Day Care Centers

 

a)         Individuals subject to a partial background check.

 

1)         Household members in a day care home or group day care home ages 13 through 17 who are not employees or volunteers, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.

 

2)         Parent or guardian authorization is required for any individual under the age of 18.

 

b)         The components of a partial background check include:

 

1)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect;

 

2)         A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW); and

 

3)         A search of the following registries, repositories, or databases in any state where the individual resided during the preceding five years:

 

A)        State-based child abuse and neglect registry and/or database; and

 

B)        State-based sex offender registry or repository.

 

c)         Individuals subject to a comprehensive criminal background check.

 

1)         All applicants for licensure of a day care facility.

 

2)         All operators of a day care center (director, assistant director, etc.).

 

3)         All employees of a day care facility ages 18 years and older.

 

4)         All volunteers of a day care facility ages 18 years and older.

 

5)         All persons 14 through 17 years of age who are employed or serve as a volunteer at a day care facility, with authorization from a parent or guardian.

 

6)         If the child care facility operates in a day care home or group day care home, all members of the household ages 18 years and older, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.

 

7)         All replacement or supplemental staff (as defined in Section 385.20).

 

8)         Any person who has access to children (as defined in Section 385.20), including:

 

A)        Those under individual contract or working for a service provider with whom the child care facility has contracted to provide day-to-day operational services such as security, meal service, housekeeping services, etc.

 

B)        All interns.

 

d)         Non-licensed service providers who, on a regular basis, provide care in the provider's home to a child for whom the Department is legally responsible and all members of their household age 13 or over are subject to background checks described in this Section.

 

e)         The components of a comprehensive criminal background check include:

 

1)         In-State (Illinois) checks

 

A)        Fingerprints submitted to the Illinois State Police (ISP) for comparison to individual criminal history records;

 

B)        A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

 

C)        A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW).

 

2)         National checks

 

A)        Fingerprints submitted to the Federal Bureau of Investigation (FBI) using Next Generation Identification for comparison to their national crime information databases; and

 

B)        A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR).

 

3)         Interstate (out-of-state) checks

A search of the following registries, repositories, or databases in the state where an individual resides, and each state where the individual resided during the preceding five years:

 

A)        State-based criminal registry or repository.  A fingerprint-based background check is required in the state where the staff member resides but is optional in other states; 

 

B)        State-based child abuse and neglect registry and/or database; and

 

C)        State sex offender registry or repository.

 

f)         Frequency of background checks

The comprehensive criminal background check is to be completed at least every five years except for interstate checks.  Background checks shall be completed in 45 days or less.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.31  Probationary Day Care Employees

 

Both the Child Care Act of 1969 [225 ILCS 10] and the Child Care and Development Block Grant Act of 2014 (CCDBG) (45 CFR 98.43) permit probationary employment at a day care home, group day care home, or day care center.  A probationary day care employee is defined in Section 385.20.

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.32  Parental Involvement

 

Parental involvement in a day care facility does not require a background check.  Nothing in this Part is intended to prohibit a parent from being left alone unsupervised with only their own children.  When a required staff position is filled by a parent, the parent shall meet all requirements that apply to an employed person in that position.

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.33  Non-Licensed Service Providers that Operate Within a Family Home

 

When a non-licensed service provider operates in a family home, background checks must be completed in accordance with Subpart B.

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.34  Additional Restrictions for Day Care Facilities

 

In addition to criminal background check restrictions listed in Appendix A, day care home, group day care home, and day care center applicants/licensees, adult household members, employees, and volunteers shall be ineligible for employment or licensure if the individual: 

 

a)         has been convicted of any of the following felonies:

 

1)         child abuse or neglect;

 

2)         a crime against children, including child pornography;

 

3)         spousal abuse;

 

4)         arson;

 

5)         physical assault or battery; or

 

6)         a drug-related offense committed during the preceding 10 years, subject to the review process in Section 385.60(d) through which the Department may determine that the individual is eligible for employment. (45 CFR 98.43)

 

b)         has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography. (45 CFR 98.43)

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.35  Background Checks for Foster Family Homes and Host Homes

 

a)         Individuals subject to a partial background check.

 

1)         Household members in a foster family home or host home ages 13 through 17 who are not employees or volunteers, even if these members of the household are not usually present in the home during the hours youth in care placed in the home are present.

 

2)         Parent or guardian authorization is required for any individual under the age of 18.

 

b)         The components of a partial background check include:

 

1)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect;

 

2)         A search of the Illinois Sex Offender Registry (SOR) and in accordance with the Adam Walsh Child Protection and Safety Act of 2006, the National Sex Offender Public Website (NSOPW); and

 

3)         A search of the following registries, repositories, or databases in any state where the individual resided during the preceding five years:

 

A)        State-based child abuse and neglect registry and/or database; and

 

B)        State-based sex offender registry or repository.

 

c)         Individuals subject to a comprehensive criminal background check include:

 

1)         All applicants and members of the household of foster family homes and host homes ages 18 years and older.

 

2)         Individuals whose activities involve the care or supervision of children for a foster family home or host home, or have unsupervised access to children. This includes employees, volunteers, independent contractors, and people in the foster family home or host home under contract.

 

d)         The components of a comprehensive criminal background check include:

 

1)         In-State (Illinois) checks

 

A)        Fingerprints submitted to the Illinois State Police (ISP) for comparison to their criminal history records;

 

B)        A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

 

C)        A search of the Illinois Sex Offender Registry (SOR) and in accordance with the Adam Walsh Child Protection and Safety Act of 2006, the National Sex Offender Public Website (NSOPW).

 

2)         National checks

 

A)        Fingerprints submitted to the Federal Bureau of Investigation (FBI) using Next Generation Identification for comparison to their national crime information databases.

 

B)        A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR).

 

3)         Interstate (out-of-state) checks

 

A search of the following registries, repositories, or databases in the state where an individual resides, and each state where the individual resided during the preceding five years:

 

A)        State-based criminal registry or repository. A fingerprint-based background check is required in the state where the individual resides but is optional in other states; 

 

B)        State-based child abuse and neglect registry and/or database; and

 

C)        State sex offender registry or repository.

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.36  Placement Decisions in Foster Family Homes

 

Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases.  Final approval for placement shall not be granted if the record check reveals a non-waivable conviction listed in Appendix A of this Part, a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years. [20 ILCS 505/5(v-1)]

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.37  Background Checks for Child Welfare Agencies and Congregate Care Facilities

 

a)         Persons subject to a child welfare agency or congregate care criminal background check via fingerprints:

 

1)         The operator of a congregate care facility;

 

2)         All individuals employed at a child welfare agency or congregate care facility, regardless of whether they have contact with children;

 

3)         All volunteers;

 

4)         All replacement or supplemental staff (as defined in Section 385.20); and

 

5)         Any person who has access to children (as defined in Section 385.20), including:

 

A)        Those under individual contract or working for a service provider with whom the child welfare agency or congregate care facility has contracted to provide day-to-day operational services such as security, meal service, housekeeping services, etc.

 

B)        All interns.

 

b)         The components of a child welfare agency and congregate care facility comprehensive criminal background check include:

 

1)         Fingerprints submitted to the Illinois State Police (ISP) for comparison to their criminal history records;

 

2)         Fingerprints submitted to the Federal Bureau of Investigation (FBI) for comparison to their national crime information databases;

 

3)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged, or has been indicated as a perpetrator of child abuse and/or neglect;

 

4)         A search of the child abuse and neglect registry, repository, or database in the state where the individual resided during the preceding five years; and

 

5)         A search of the Illinois Sex Offender Registry (SOR) and in accordance with the Adam Walsh Child Protection and Safety Act of 2006, the National Sex Offender Public Website (NSOPW).

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.38  Pre-Hire Offer of Employment for Child Welfare Agencies and Congregate Care Facilities

 

Individuals who have authorized the background check may receive a pre-hire offer of employment by a child welfare agency or congregate care facility pending the outcome of the required background check.  All potential employees shall not receive a start date or begin employment until the employer receives the entire child welfare agency/congregate care background check result, as defined in Section 385.20. The form authorizing such a background check shall be submitted to the Department.

 

(Source:  Added at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.40  Authorization for Background Checks

 

a)         Persons Required to Authorize Background Checks

 

1)         All persons described in Sections 385.30(a), 385.35(a), and 385.37(a) are required to authorize background checks (as defined in Section 385.20) and shall authorize those checks as a condition of employment.

 

2)         Each license applicant must certify on the application form, under penalty of perjury, that they are not more than 30 days delinquent in complying with a child support order.  Failure to so certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. [5 ILCS 100/10-65(c)]

 

b)         Contents of Authorization

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

 

1)         identifying information consisting of name, address, Social Security number or Individual Taxpayer ID Number (ITIN), date of birth, height, weight, hair and eye color, previous names and addresses;

 

2)         a certification that all information provided on the form is true and accurate including identifying any prior criminal convictions other than a minor traffic violation, as defined by this Part;

 

3)         an acknowledgement that falsification of any information provided on the authorization will be grounds for denial of the application for licensure;

 

4)         authorization for the Department to release the results of the background check to the governing body or employer or, in the case of a group home or a child care facility operating in a family home, to the supervising agency for the child care facility; and

 

5)         a disclaimer that the individual signing the authorization for background check has a right to make a written request for, and to receive a copy of, the background check results.

 

c)         Employees Absent from Active Duty

For purposes of this Part only, employees who have been separated from a child care facility licensed by the Department for six months or longer (for reasons other than vacation, sabbatical leave, sick leave, military leave or parental leave) shall no longer be considered current employees.  Upon their return to active duty, the individuals shall be required to again authorize a background check pursuant to this Part.

 

d)         Employee Transfers Between Licensed Child Care Facilities

A child care facility that hires an employee who has cleared a comprehensive background check, as defined in this Part, at another child care facility licensed by the Department shall submit a request for a transfer on a form prescribed by the Department along with a new signed authorization for background check form for the new employee.

 

e)         Foreign Nationals

Foreign nationals shall submit to their prospective employer (if seeking employment) or licensing representative (if seeking a license to operate a child care facility) a copy of their valid passport and current visa.  A copy of the valid passport and current visa shall be attached to the authorization for background check.

 

f)         Commingling Not Permitted

If a child care facility operates within the same building as other agencies or organizations or is part of a multi-function agency that offers services which are not subject to Department licensing, the child care facility shall develop a plan to limit access to children present in the licensed child care facility by individuals who are not subject to the background check requirements of this Part. The plan shall be approved in writing by the governing body and the Department.

 

g)         Responsibility for Cooperation

Child care facilities shall be responsible for ensuring that persons subject to background checks make themselves available for fingerprinting as required.  Failure of a person subject to criminal background checks to appear without adequate cause for fingerprinting may result in the denial of a license application or refusal to renew or revocation of an existing license.  Adequate cause for failure to appear for fingerprinting includes, but is not limited to:

 

1)         death in the family of the person;

 

2)         serious illness of the person or illness in the person's immediate family; or

 

3)         weather or transportation emergencies.

 

h)         Persons not required to authorize a background check. 

In all instances the following persons may not be left alone with children in a child care facility, other than their own child:

 

1)         Persons engaged in parental involvement activities.

 

2)         Visitors who lead a special event such as reading to children, providing instruction such as art activities, conducting a health or safety demonstration, etc.

 

3)         Resource personnel who are employed by an outside entity and who deliver individualized services to children on-site at the child care facility, who include, but are not limited to, licensed services providers who travel to child care facilities to deliver early intervention services, and related service providers from the local education agency or school district.

 

4)         Students engaged in a practicum or classroom observation, or similar activities as a condition of meeting academic course requirements.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.50  Child Abuse or Child Neglect

 

Individuals identified as a perpetrator of a child abuse and neglect report in a single report with a five-year retention period shall be assessed under subsection (a). Identification of an individual as a perpetrator of a single child abuse and neglect report with a 20- or 50-year retention period, or two or more reports each with a five-year retention period shall create a presumption of unsuitability of that individual for the purpose of licensure or employment and shall be reviewed under subsection (b).

 

a)         Assessment of Indicated Child Abuse and Neglect Reports

 

1)         All background check results with an indicated finding as a perpetrator in a child protection investigation that does not rise to the level of a presumption of unsuitability shall be assessed in order to determine a recommendation to grant or deny licensure or employment. 

 

2)         The Department or contributing agency licensing staff shall obtain written consent from the individual who is the subject of the indicated report in order to review pertinent child protection records.

 

3)         To determine a recommendation to grant or deny licensure or employment, the licensing representative's supervisor shall assess the indicated finding of child abuse or child neglect, including the following:

 

A)        the nature of the abuse or neglect with which the individual was identified, including whether the abuse or neglect resulted in serious injury or death to a child or children;

 

B)        the circumstances surrounding the commission of the abuse or neglect, including the age of the perpetrator and the children, that would demonstrate unlikelihood of repetition;

 

C)        the amount of time that has elapsed since the abuse or neglect occurred and whether prior incidents of child abuse or child neglect have been indicated against the individual or non-licensed service provider;

 

D)        whether the abuse or neglect involved single or multiple child victims;

 

E)        the relationship of the incident of child abuse or neglect to the individual's or non-licensed service provider's responsibilities within the child care facility;

 

F)         whether the individual has been convicted of a criminal offense which might have bearing on the individual's ability to function in a child care facility as licensee or employee or as a non-licensed service provider;

 

G)        evidence of rehabilitation such as employment, education, participation in therapy since the indicated incident of abuse or neglect; and

 

H)        three positive character references.

 

b)         Presumption of Unsuitability

 

1)         An individual who is a household member and has an indicated finding as a perpetrator in a child protection investigation that creates presumption of unsuitability shall require a waiver through the Director or the Director's designee in order to be licensed or employed by a licensee.

 

A)        Requests for a waiver of presumption of unsuitability shall be in writing and postmarked within 30 days after notice is received by the licensing entity or employer.  

 

B)        The Department or contributing agency licensing staff shall obtain written consent from the individual who is the subject of the indicated report in order to review pertinent child protection records.

 

C)        The Director of the Department or the Director's designee shall review any materials submitted on the individual's behalf and may waive the presumption that the individual is unsuitable for licensure or employment in accordance with the assessment criteria in subsection (a)(3). 

 

D)        When the Director or designee determines there is good cause for waiving the presumption of unsuitability, the hiring or licensing decision shall be made in accordance with this Part and the applicable licensing standards.

 

2)         An individual with an indicated finding as a perpetrator of child abuse or neglect in a single child protection investigation that does not rise to the level of a presumption of unsuitability may be assessed and recommended for waiver by the licensing representative's supervisor. 

 

A)        When a household member, employee, applicant for employment, volunteer or non-licensed contractual provider has been indicated as a perpetrator in a child protection investigation that equates to a presumption of unsuitability, the licensing entity or employer may request a review of the denial and request a waiver of the presumption of unsuitability. 

 

B)        Requests for a waiver of presumption of unsuitability shall be in writing and postmarked within 30 days after notice is received by the licensing entity or employer.  

 

C)        The Department or contributing agency shall obtain written consent from the individual who is the subject of the indicated report in order to review the child protection reports that led to the indicated findings that equate to a presumption of unsuitability, before making a decision in requesting a waiver for a presumption of unsuitability.

 

3)         The Director of the Department or the Director's designee shall review any materials submitted on the individual's behalf and may waive the presumption that the individual is unsuitable for licensure or employment.  When the Director or designee determines there is good cause for waiving the presumption of unsuitability, the hiring or licensing decision shall be made in accordance with the totality of the requirements of this Part and the applicable licensing standards.

 

c)         Notification of Hiring Decision

A child care facility shall notify the Department in writing of its decision regarding the employment of a person, or retention of an employee, who has been indicated as a perpetrator of child abuse/neglect.  The decision of the employer is final.  Employment decisions may not be appealed to the Department.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.60  Criminal Convictions and Pending Criminal Charges

 

a)         Non-Waivable Convictions that are Bars to Licensure/Employment

 

1)         Persons convicted of crimes or convicted of attempting to commit crimes identified as lifetime (non-waivable) bars in Appendix A of this Part shall not:

 

A)        receive a license from the Department to operate a child care facility or have such a license renewed; 

 

B)        be an employee, non-licensed contractual provider, intern, or volunteer at a congregate facility licensed by the Department;

 

C)        be an employee, non-licensed contractual provider, intern, or volunteer at a day care home, group day care home, day care center, foster family home, or host home; or

 

D)        be a member of the household in a day care home, group day care home, foster family home, or host home.

 

2)         When a licensee is convicted of crimes that are non-waivable bars to licensure, or convicted of attempting to commit these crimes, action shall be taken by the supervising licensing entity:

 

A)        to begin the revocation process or the process to refuse to renew the license; or

 

B)        to refuse to issue a full license, subsequent to a permit.

 

b)         Special Provisions for Foster Family Homes and Host Homes

In addition to the provisions set forth in subsection (a), no applicant may be licensed by the Department to operate a foster family home or host home, and no person may reside in a foster family home or host home licensed by the Department, who has been convicted of committing or attempting to commit any of the offenses listed in Appendix A, Waivable Bars (Not Including Foster Homes and Host Homes) or the offenses listed in Section 385.36.

 

c)         Special Provisions for Day Care Homes, Group Day Care Homes, and Day Care Centers

In additions to the provisions set forth in subsection (a), no applicant may be licensed by the Department to operate a day care home, group day care home, or day care center, and no person may reside in a day care home or group day care home licensed by the Department who has been convicted of the offenses listed in Section 385.34.

 

d)         For offenses listed in Appendix A as Waivable Bars (Not Including Foster Homes and Host Homes) the Department may make an exception and, for child care facilities other than foster family homes, issue a new child care facility license to or renew the existing child care facility license of an applicant, a person employed by a child care facility, or an applicant who has an adult residing in a home child care facility, provided that all of the following requirements are met:

 

1)         The relevant offense occurred more than 5 years prior to the date of application or renewal, except for drug offenses.  The relevant drug offense must have occurred more than 10 years prior to the date of the application or renewal, unless the applicant passed a drug test, arranged and paid for by the child care facility, no less than 5 years after the offense.

 

2)         The Department must conduct a background check and assess all convictions and recommendations of the child care facility to determine if hiring or licensing the applicant is in accordance with Department administrative rules and procedures.

 

3)         The applicant meets all other requirements and qualifications for licensure.  [225 ILCS 10/4.2(b-2)]

 

e)         The Department may make an exception and issue a new foster family home license or may renew an existing foster family home license of an applicant who was convicted of an offense described in Appendix A in the section titled Additional Foster Home Restrictions, provided all of the following requirements are met:

 

1)         The relevant criminal offense or offenses occurred more than 10 years prior to the date of application or renewal.

 

2)         The applicant had previously disclosed the conviction or convictions to the Department for purposes of a background check.

 

3)         After the disclosure, the Department either placed a child in the home or the foster family home license was issued.

 

4)         During the background check, the Department had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the hire or licensure.

 

5)         The applicant meets all other requirements and qualifications to be licensed as a foster family home under the Child Care Act of 1969 and the Department's administrative rules.

 

6)         The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, stable home environment. [225 ILCS 10/4.2(d)]

 

f)         Assessment of Criminal Convictions Other than Non-Waivable Convictions that are Bars to Licensure

Except as specified in subsections (d) and (e), an individual convicted of a crime will not automatically be prohibited from licensure, renewal of a license, or employment in a child care facility, or from residing in a family home in which a child care facility operates.

 

1)         The Department or contributing agency licensing staff shall obtain written consent from the individual who is the subject of the criminal conviction in order to review pertinent criminal records.

 

2)         An assessment of each criminal conviction shall include the following:

 

A)        the age of the individual when the offense was committed;

 

B)        the circumstances surrounding the offense;

 

C)        the length of time since the conviction;

 

D)        the specific duties and responsibilities necessarily related to the license being applied for, and the bearing, if any, that the individual's conviction history may have on their fitness to perform these duties and responsibilities;

 

E)        the individual's employment references;

 

F)         the individual's character references and any certificates of achievement;

 

G)        an academic transcript showing the educational achievement since the disqualifying conviction;

 

H)        a Certificate of Relief from Disabilities or Certificate of Good Conduct; and

 

I)         anything else that speaks to the individual's character. [225 ILCS 10/4.2(e)]

 

g)         Assessment of Pending Criminal Charges

 

1)         When an employer receives notice that an employee has a pending charge for a crime identified as a lifetime (non-waivable) bar in Appendix A, or a pending charge for any crimes identified in Section 385.34 or Section 385.36 the employer shall immediately inform the employee and take action to develop a protective plan to ensure the employee does not have unsupervised access to children.  The employer shall request a written consent from the employee to allow the employer to have full access to current pending charges.  The employee shall have the responsibility to request a certified final disposition on pending charges that would be a bar, if convicted, before a decision is made related to employment.

 

2)         When the supervising agency of a licensed child care facility or a non-licensed service provider receives notice that a licensee or household member has a pending charge for a crime listed as a barring offense, the supervising agency shall take steps necessary to develop a protective plan to ensure the safety, health and welfare of children served.  The licensee shall be responsible to request a certified final disposition on pending charges that would be a bar to licensure, if convicted.

 

3)         For pending charges that are identified as waivable in Appendix A, the supervising agency shall assess following areas to determine whether a final disposition of the pending charge is needed, before taking action on the individual's employment or license:

 

A)        the seriousness and nature of the charges that are pending, including a determination of whether the charges are among those listed in Section 4.2(b), (b-1), (b-1.5), or (c) of the Child Care Act that serve as a bar to licensure or employment in a position that allows access to children;

 

B)        the circumstances surrounding the incident that led to the criminal charge;

 

C)        the relationship of the charges to the ability to care for children or to have access to children and confidential information in a child care facility;

 

D)        whether the individual has ever been convicted of or charged with crimes of a similar nature; and

 

E)        three positive character references and other information submitted by or on behalf of the individual or any other person, especially about the suitability of the individual to care for children.

 

h)         Notification of Hiring Decision

A child care facility shall notify the Department in writing of its decision to employ a person, or retain an employee, with a criminal history.  The decision of the employer is final.  Employment decisions may not be appealed to the Department.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.70  Disposition of Background Checks

 

a)         Persons subject to background checks shall be ineligible for licensure, employment or volunteer service, or be a member of a household if such individuals:

 

1)         Refuse to consent to a background check, as defined in Section 385.20;

 

2)         Falsify any information provided in connection with the background check;

 

3)         Are registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

 

4)         Have committed disqualifying offenses, as listed in Appendix A (Lifetime Bars).  In addition to those disqualifying offenses:

 

A)        For day care homes, group day care comes, and day care centers, have committed a disqualifying offense as listed in Section 385.34.

 

B)        For foster family homes and host homes, have committed a disqualifying offense as listed in Section 385.36; or

 

5)         Have been indicated in a child abuse or neglect investigation that equates to a presumption of unsuitability and no waiver of the presumption is granted.

 

b)         Notice of Findings

When the subject of the background check is the director, administrator or other chief executive officer of the child care facility, the Department will notify in writing the presiding officer of the governing body of the results of the check, and the presiding officer shall take those actions required by this Part.  When the subject of the background check is an owner or supervisor of a group home or a child care facility that operates in a family home, the Department will notify in writing the supervising agency for the child care facility of the results of the check.

 

c)         Child Care Facility Decision Regarding Employment

It shall be the responsibility of the governing body or operator of a child welfare agency or congregate care facility to determine whether to hire an individual with a pre-hire offer of employment, or for the governing body or operator of a day care facility to continue employment of a probationary day care employee after the receipt of all components of a background check, to provide the individual an opportunity for a review in accordance with the child care facility's personnel policies, and to notify the Department in writing of its employment decision within 30 days after receipt of the information from the Department.  The decision of the employer is final, subject to review under the personnel policies of its governing body.  These hiring decisions may not be appealed to the Department.

 

d)         Request for Subsequent Background Check

The employer of a person who has been relieved of child-related duties pursuant to this Part may request another background check if the circumstances leading to the relieving of child care duties have changed.  A change of circumstances may include, but is not limited to:

 

1)         pending criminal charges have been dismissed or have resulted in an acquittal or conviction for a lesser charge;

 

2)         a conviction is reversed on appeal;

 

3)         the indicated finding of abuse or neglect is expunged, amended to another allegation, or amended to "unfounded";

 

4)         a pending child protection investigation of abuse or neglect is "unfounded"; or

 

5)         the records of the circuit court or local or state police, if relied upon to reach the decision, have been amended.

 

e)         Delinquent Child Support

For all child care facility types, if a license applicant has been denied, or the Department has refused to renew a license because the applicant is more than 30 days delinquent in complying with a child support order, the applicant may reapply after submitting proof that the child support has been paid in full or that a payment schedule has been arranged with the Department of Healthcare and Family Services (Title IV-D support cases) or the court of jurisdiction (all other child support cases).

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.80  Appeal of Decision to Deny License or Permit Based on Background Check Information

 

a)         Notice of Decision to Deny Licensure Based Upon Background History

 

1)         When an application for licensure is denied due to criminal background history or identification as an indicated perpetrator of abuse/neglect, the supervising agency shall send notice to the applicants for licensure of the denial, including the reason for denial.  The initial notice of denial shall provide the applicant the opportunity to request a review of the decision by Central Office of Licensing Background Review Committee.  When there is a request for a review of the decision, the Central Office shall review the background check results and all written information submitted by the individual and will send a notice of decision that the request was granted or denied.  When the request for review of the decision is denied, the notice shall provide an opportunity for the applicant to appeal the decision to the DCFS Administrative Hearings Unit for its review and determination in accordance with 89 Ill. Adm. Code 337 (Service Appeal Process).

 

2)         When there is no request for a review of the decision by the Central Office of Licensing Background Review Committee, the assigned licensing unit shall send a second and final notice of denial, which provides an opportunity for the applicant to appeal to the Administrative Hearings Unit for review and determination.

 

b)         What May Be Appealed Under This Part

A license applicant may appeal:

 

1)         the denial of an initial license based upon a background check conducted in accordance with this Part; or

 

2)         the denial of a permit based upon a background check conducted in accordance with this Part.

 

c)         What May Not Be Appealed Under This Part

The DCFS Chief Administrative Law Judge will decide whether an issue is appropriate for an administrative hearing under subsection (b). Issues inappropriate for a fair hearing under this Part include, but are not limited to:

 

1)         a decision based upon a background check conducted pursuant to this Part that revealed that the license applicant has a criminal conviction that bars licensure or employment or residence in a licensed child care facility; or

 

2)         a decision based upon a background check conducted pursuant to this Part that revealed that the license applicant has a criminal conviction that bars licensure of or residence in a foster family home or host home.

 

d)         Appeal Request

 

1)         An individual requesting an opportunity for an appeal pursuant to subsection (b) shall submit the request, in writing, to the:

 

Administrative Hearings Unit

Department of Children and Family Services

406 E. Monroe St., Station #15

Springfield, Illinois  62701

 

2)         All such requests must be postmarked within 10 days after the date of written notice of the denial of an application for license or permit.

 

e)         Review of File

 

1)         After the Administrative Hearings Unit has received the individual's request for an appeal, the Administrator of the Unit shall notify the Department that the individual has filed an appeal and the Department will send to the Administrator a copy of the notice of denial of the application for a license or permit.  The notice of denial shall be prima facie evidence that the Department had a basis for refusing to issue the license or permit.

 

2)         The Administrator shall ask both the Department and the individual to submit any documents, records, statements, or other materials pertinent to the Department's denial of the application for licensure to create an appeal file.  The Administrator shall further advise the Department and the individual of the intent to examine the appeal file, including all materials submitted for the appeal file, to determine whether a genuine issue of material fact exists.  Within 10 business days after the date of the Administrator's request for materials, both the Department representative and the individual shall submit to the Administrative Hearings Unit any and all documents, records, statements, materials, or evidence to establish that the Department's decision to deny the license because of the background check was either correct or incorrect.

 

3)         At least 10 business days after the Administrator's request for materials, the Administrator shall examine the entire appeal file, including all materials submitted by both parties, and shall determine if a genuine issue of material fact exists.

 

4)         If the Administrator determines that no genuine issue of material fact exists, the Administrator shall dismiss the appeal.  The letter dismissing the appeal shall be the final administrative decision of the Department.

 

f)         The Appeal Process

The individual shall be notified, in writing, of the date, time and location of the appeal hearing.  The individual may be represented by counsel and may present evidence and/or witnesses.  The individual shall be required to produce evidence that the person identified in the background report is not the individual in question or that the background check report is inaccurate.  If the issue is delinquency in the payment of child support, the individual shall provide evidence that the child support has been paid in full or that a payment schedule has been arranged with the Department of Healthcare and Family Services (Title IV-D cases) or a court of jurisdiction (all other child support cases).  Evidence to be considered shall be limited to:

 

1)         When the appeal involves an indicated child abuse or neglect report, written statements from the administrator of the child protection division for the Department that the individual named in the report is not the individual in question or that the record has been expunged or amended; or

 

2)         When the appeal involves a criminal history record, evidence shall be limited to written statements from a law enforcement agency or clerk of the court:  that the subject of the criminal history record provided to the Department is not the individual in question, was never convicted of the crimes as alleged in the criminal history record, or was granted a full pardon by the Governor indicating that the person did not commit the crime; the crime was amended or expunged; or the information in the criminal history record concerning the existence of the conviction was erroneous; or

 

3)         When the appeal involves delinquent child support, written statements from the Department of Healthcare and Family Services or the clerk of the court, as applicable, that child support has been paid in full or a payment schedule arranged or that the payment record was incorrect.

 

g)         Final Administrative Decision

In order to reverse a decision by the Department, the administrative law judge conducting the appeal must conclude that, when all the evidence presented pursuant to this Part and the applicable licensing standards are considered, there is clear and convincing evidence that the individual is not the person named in the indicated report/criminal history record or that the individual is suitable for service that allows access to children.  If the appeal is addressing the issue of delinquent child support, the individual must submit proof that the record was in error or that the individual has paid the delinquency or made arrangements for payment of delinquent child support.  The final administrative decision is made by the Director after reviewing the recommendation by the administrative law judge, subject to review by a court of competent jurisdiction.

 

h)         Record of Appeal

A written record shall be made of any reviews conducted pursuant to this Section, and that record shall contain copies of all documents relied upon in making the determination of fitness or unfitness for licensure.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.90  Records to be Maintained by the Child Care Facility

 

a)         The governing body or operator of a child care facility shall maintain a copy of the authorization for background check forms. The results of the background checks shall be maintained as part of the personnel records of the child care facility for a period of five years from the date of termination of the employment of the employee.

 

b)         The background check record of any conclusions or recommendations resulting from the review of the findings of that check by the governing body or operator of the child care facility shall be maintained for five years after termination of the employment in a separate, confidential file apart from other personnel records.  Access to those records shall be permitted for the following:

 

1)         the subject of an individual record;

 

2)         the governing body or operator of the child care facility;

 

3)         Department licensing staff;

 

4)         Department staff authorized, in writing, by the Director to conduct background checks pursuant to this Part;

 

5)         persons who are authorized, in writing, by the governing body or operator of the child care facility and whose duties are related to the background checks or its findings;

 

6)         Department representatives who have the Director's written authorization specifying the statutory authority or administrative rules under which the access is granted; and

 

7)         other persons who are lawfully entitled to the information (e.g., persons with a valid subpoena).

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.100  Confidentiality of Background Check Information

 

Any employee of the Department of Children and Family Services, Illinois State Police, or a child care facility receiving confidential information under Section 4.1 and Section 4.3 of the Child Care Act of 1969 who gives or causes to be given any confidential information concerning any criminal convictions or child abuse or neglect information of a child care facility applicant, or child care facility employee, or volunteer of a child care facility or non-licensed service provider, prospective certified relative caregivers, or an adult resident of a prospective certified relative caregiver home, shall be guilty of a Class A misdemeanor unless release of such information is authorized by Section 11.1 of the Abused and Neglected Child Reporting Act [325 ILCS 5] and Sections 3.4, 4.1 and 4.3 of the Child Care Act of 1969 [225 ILCS 10/4.1 and 4.3].

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

 

Section 385.110  Severability of This Part

 

If any court of competent jurisdiction finds that any rule, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of this Part.

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

Section 385.APPENDIX A   Criminal Convictions Preventing Licensure, Employment, or Residence in a Family Home in Which a Child Care Facility Operates

 

No applicant may receive a license from the Department, and no person may be employed by a child care facility licensed by the Department, who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205] or convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961 or the Criminal Code of 2012:

 

Lifetime Bars (Non-Waivable)

 

(1)        murder;

(1.1)     solicitation of murder;

(1.2)     solicitation of murder for hire;

(1.3)     intentional homicide of an unborn child;

(1.4)     voluntary manslaughter of an unborn child;

(1.5)     involuntary manslaughter;

(1.6)     reckless homicide;

(1.7)     concealment of a homicidal death;

(1.8)     involuntary manslaughter of an unborn child;

(1.9)     reckless homicide of an unborn child;

(1.10)   drug-induced homicide;

(2)        a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45;

(3)        kidnapping;

(3.1)     aggravated unlawful restraint;

(3.2)     forcible detention;

(3.3)     harboring a runaway;

(3.4)     aiding and abetting child abduction;

(4)        aggravated kidnapping;

(5)        child abduction;

(6)        aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

(7)        criminal sexual assault;

(8)        aggravated criminal sexual assault;

(8.1)     predatory criminal sexual assault of a child;

(9)        criminal sexual abuse;

(10)      aggravated sexual abuse;

(11)      heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05;

(12)      aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1) (e)(2), (e)(3), or (e)(4) of Section 12-3.05;

(13)      tampering with food, drugs, or cosmetics;

(14)      drug induced infliction of great bodily harm as described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05;

(15)      hate crime;

(16)      stalking;

(17)      aggravated stalking;

(18)      threatening public officials;

(19)      home invasion;

(20)      vehicular invasion;

(21)      criminal transmission of HIV;

(22)      criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a;

(23)      child abandonment;

(24)      endangering the life or health of a child;

(25)      ritual mutilation;

(26)      ritualized abuse of a child;

(27)      an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the offenses listed in this section. [225 ILCS 10/4.2(b)]

 

Financial-type Crimes

 

Effective July 19, 2019, for applicants with access to confidential financial information or who submit documentation to support billing, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of the following felony offenses:

 

(1)        financial institution fraud under Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2)        identity theft under Section 16-30 of the Criminal Code of 1961 or the Criminal Code of 2012;

(3)        financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012;

(4)        computer tampering under Section 17-51 of the Criminal Code of 1961 or the Criminal Code of 2012;

(5)        aggravated computer tampering under Section 17-52 of the Criminal Code of 1961 or the Criminal Code of 2012;

(6)        computer fraud under Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012;

(7)        deceptive practices under Section 17-1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(8)        forgery under Section 17-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

(9)        State benefits fraud under Section 17-6 of the Criminal Code of 1961 or the Criminal Code of 2012;

(10)      mail fraud and wire fraud under Section 17-24 of the Criminal Code of 1961 or the Criminal Code of 2012;

(11)      theft under paragraphs (1.1) through (11) of subsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012.  [225 ILCS 10/4.2(b-1.5)]

 

Waivable Bars (Not Including Foster Homes or Host Homes)

 

No new applicant and, on the date of licensure renewal, no current licensee may operate or receive a license from the Department to operate, no person may be employed by, and no adult person may reside in a child care facility licensed by the Department who has been convicted of committing or attempting to commit any of the following offenses or an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the following offenses (unless waived as provided in Section 4.2(b-2) of the Act):

 

(I) BODILY HARM

 

(1)        Felony aggravated assault.

(2)        Vehicular endangerment.

(3)        Felony domestic battery.

(4)        Aggravated battery.

(5)        Heinous battery.

(6)        Aggravated battery with a firearm.

(7)        Aggravated battery of an unborn child.

(8)        Aggravated battery of a senior citizen.

(9)        Intimidation.

(10)      Compelling organization membership of persons.

(11)      Abuse and criminal neglect of a long term care facility resident.

(12)      Felony violation of an order of protection.

 

(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 

(1)        Felony unlawful use of weapons.

(2)        Aggravated discharge of a firearm.

(3)        Reckless discharge of a firearm.

(4)        Unlawful use of metal piercing bullets.

(5)        Unlawful sale or delivery of firearms on the premises of any school.

(6)        Disarming a police officer.

(7)        Obstructing justice.

(8)        Concealing or aiding a fugitive.

(9)        Armed violence.

(10)      Felony contributing to the criminal delinquency of a juvenile.

 

(III) DRUG OFFENSES

 

(1)        Possession of more than 30 grams of cannabis.

(2)        Manufacture of more than 10 grams of cannabis.

(3)        Cannabis trafficking.

(4)        Delivery of cannabis on school grounds.

(5)        Unauthorized production of more than 5 cannabis sativa plants.

(6)        Calculated criminal cannabis conspiracy.

(7)        Unauthorized manufacture or delivery of controlled substances.

(8)        Controlled substance trafficking.

(9)        Manufacture, distribution, or advertisement of look-alike substances.

(10)      Calculated criminal drug conspiracy.

(11)      Street gang criminal drug conspiracy.

(12)      Permitting unlawful use of a building.

(13)      Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property.

(14)      Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances.

(15)      Delivery of controlled substances.

(16)      Sale or delivery of drug paraphernalia.

(17)      Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.

(18)      Felony possession of a controlled substance.

(19)      Any violation of the Methamphetamine Control and Community Protection Act [720 ILCS 646]. [225 ILCS 10/4.2(b-1)]

 

Additional Foster Home Restrictions

 

No applicant may receive a license from the Department to operate a foster family home or host home, and no adult person may reside in a foster family home or host home licensed by the Department, who has been convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis Control Act [720 ILCS 550], the Methamphetamine Control and Community Protection Act [720 ILCS 646], and the Illinois Controlled Substances Act [725 ILCS 70], unless an exception is granted pursuant to Sections 4.2(d) or (e) of the Child Care Act [225 ILCS 10]:

 

(I) OFFENSES DIRECTED AGAINST THE PERSON

 

(A)       KIDNAPPING AND RELATED OFFENSES

 

(1)        Unlawful restraint.

 

(B)       BODILY HARM

 

(2)        Felony aggravated assault.

(3)        Vehicular endangerment.

(4)        Felony domestic battery.

(5)        Aggravated battery.

(6)        Heinous battery.

(7)        Aggravated battery with a firearm.

(8)        Aggravated battery of an unborn child.

(9)        Aggravated battery of a senior citizen.

(10)      Intimidation.

(11)      Compelling organization membership of persons.

(12)      Abuse and criminal neglect of a long term care facility resident.

(13)      Felony violation of an order of protection.

 

(II) OFFENSES DIRECTED AGAINST PROPERTY

 

(14)      Felony theft.

(15)      Robbery.

(16)      Armed robbery.

(17)      Aggravated robbery.

(18)      Vehicular hijacking.

(19)      Aggravated vehicular hijacking.

(20)      Burglary.

(21)      Possession of burglary tools.

(22)      Residential burglary.

(23)      Criminal fortification of a residence or building.

(24)      Arson.

(25)      Aggravated arson.

(26)      Possession of explosive or explosive incendiary devices.

 

(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 

(27)      Felony unlawful use of weapons.

(28)      Aggravated discharge of a firearm.

(29)      Reckless discharge of a firearm.

(30)      Unlawful use of metal piercing bullets.

(31)      Unlawful sale or delivery of firearms on the premises of any school.

(32)      Disarming a police officer.

(33)      Obstructing justice.

(34)      Concealing or aiding a fugitive.

(35)      Armed violence.

(36)      Felony contributing to the criminal delinquency of a juvenile.

 

(IV) DRUG OFFENSES

 

(37)      Possession of more than 30 grams of cannabis.

(38)      Manufacture of more than 10 grams of cannabis.

(39)      Cannabis trafficking.

(40)      Delivery of cannabis on school grounds.

(41)      Unauthorized production of more than 5 cannabis sativa plants.

(42)      Calculated criminal cannabis conspiracy.

(43)      Unauthorized manufacture or delivery of controlled substances.

(44)      Controlled substance trafficking.

(45)      Manufacture, distribution, or advertisement of look-alike substances.

(46)      Calculated criminal drug conspiracy.

(46.5)   Street gang criminal drug conspiracy.

(47)      Permitting unlawful use of a building.

(48)      Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property.

(49)      Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances.

(50)      Delivery of controlled substances.

(51)      Sale or delivery of drug paraphernalia.

(52)      Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.

(53)      Any violation of the Methamphetamine Control and Community Protection Act. [225 ILCS 10/4.2(c)]

 

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)

Section 385.APPENDIX B   Matrix of Persons Subject to Background Checks Under Part 385 (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 12963, effective September 28, 2021)