Section 401.155  Removal of Agency from Deemed Status

The following shall occur before the Department is to remove an agency from Deemed Status:

a)         The Department shall have documentation of one or more substantiated violations that affect the health, safety, morals or welfare of children served by the agency's program.

b)         After review and confirmation of the substantiated violation by the licensing supervisor and manager, the Central Office of Licensing shall submit a recommendation for removing the agency from deemed status to a 5-member panel comprised of representatives from the Divisions of Quality Assurance, Purchase of Service Monitoring, and Program Operations, and the Offices of Child and Family Policy and Licensing.

c)         The 5-member panel shall review the recommendation for removing the agency's deemed status.

1)         If the panel concurs with the recommendation, the panel shall forward the recommendation to the Director for final approval.

2)         If the panel does not concur with the recommendation, the agency will maintain its deemed status.

d)         The Department shall notify the agency in writing  of the Director's decision to remove or maintain the agency in deemed status.

(Source:  Added at 27 Ill. Reg. 494, effective January 15, 2003)