ADMINISTRATIVE CODE

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  3. TITLE 89: SOCIAL SERVICES
  4. CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER d: LICENSING ADMINISTRATION
PART 385 BACKGROUND CHECKS
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SUBPART A: GENERAL PROVISIONS

Section 385.10 Purpose
Section 385.20 Definitions

SUBPART B: DAY CARE FACILITIES

Section 385.30 Background Checks for Day Care Homes, Group Day Care Homes, and Day Care Centers
Section 385.31 Probationary Day Care Employees
Section 385.32 Parental Involvement
Section 385.33 Non-Licensed Service Providers that Operate Within a Family Home
Section 385.34 Additional Restrictions for Day Care Facilities

SUBPART C: FOSTER FAMILY HOMES INCLUDING HOST HOMES

Section 385.35 Background Checks for Foster Family Homes and Host Homes
Section 385.36 Placement Decisions in Foster Family Homes

SUBPART D: CHILD WELFARE AGENCIES AND CONGREGATE CARE FACILITIES

Section 385.37 Background Checks for Child Welfare Agencies and Congregate Care Facilities
Section 385.38 Pre-Hire Offer of Employment for Child Welfare Agencies and Congregate Care Facilities

SUBPART E: AUTHORIZATION AND RESULTS OF BACKGROUND CHECK

Section 385.40 Authorization for Background Checks
Section 385.50 Child Abuse or Child Neglect
Section 385.60 Criminal Convictions and Pending Criminal Charges
Section 385.70 Disposition of Background Checks
Section 385.80 Appeal of Decision to Deny License or Permit Based on Background Check Information

SUBPART F: RECORDS MAINTENANCE AND CONFIDENTIALITY

Section 385.90 Records to be Maintained by the Child Care Facility
Section 385.100 Confidentiality of Background Check Information

SUBPART G: SEVERABILITY OF THIS PART

Section 385.110 Severability of This Part

Section 385.APPENDIX A Criminal Convictions Preventing Licensure, Employment, or Residence in a Family Home in Which a Child Care Facility Operates
Section 385.APPENDIX B Matrix of Persons Subject to Background Checks Under Part 385 (Repealed)
AUTHORITY: Authorized by the Child Care Act of 1969 [225 ILCS 10]; the Children and Family Services Act [20 ILCS 505]; Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248); Child Care and Development Block Grant Act (P.L. 113-186) and 45 CFR 98.43; and Social Security Act, Title IV-E (42 U.S.C. 671) and implementing the Illinois State Police Law [20 ILCS 2605/2605-355].
SOURCE: Emergency rules adopted at 10 Ill. Reg. 19123, effective October 29, 1986, for a maximum of 150 days; adopted at 11 Ill. Reg. 6398, effective March 31, 1987; amended at 13 Ill. Reg. 5917, effective May 1, 1989; emergency amendment at 20 Ill. Reg. 3930, effective March 1, 1996, for a maximum of 150 days; modified in response to Joint Committee on Administrative Rules objection at 20 Ill. Reg. 5712; emergency expired July 28, 1996; amended at 21 Ill. Reg. 4444, effective April 1, 1997; emergency amendment at 28 Ill. Reg. 1167, effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004; amended at 28 Ill. Reg. 13432, effective September 30, 2004; amended at 33 Ill. Reg. 4117, effective February 27, 2009; amended at 36 Ill. Reg. 2136, effective January 30, 2012; amended at 37 Ill. Reg. 12827, effective July 30, 2013; amended at 39 Ill. Reg. 5384, effective March 25, 2015; amended at 45 Ill. Reg. 12963, effective September 28, 2021; amended at 50 Ill. Reg. 6445, effective April 24, 2026.