Effective Date: 01/01/04
Revised:  03/02/09; 6/21/11

Reference:  89 Ill. Adm. Code, Chapter IV, §50.43089 Ill. Adm. Code, Chapter IV, §50.440 (d) and (f); 89 Ill. Adm. Code, Chapter III, §385.60; 45 CFR, Part II, Subpart E, §98.40


Policy Statement:

Payments will not be made to a provider (even if operating within a setting exempt from licensing) who has been convicted of crimes enumerated in 89 Ill. Adm Code 385, Background Checks.

Payments will not be made to a provider who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205] or identified as a sex offender in the Illinois Sex Offender Registry operated by the Illinois State Police or identified as a sex offender in the National Sex Offender Registry.

Procedure:

Use 385.Appendix A, when determining legal care arrangements.

If a provider answers 'yes' to the question "Have you ever been convicted of anything other than a minor traffic violation?" on page 6 of the Child Care Application (IL444-3455, Rev. 9/03) and gives one of the offenses listed in 385.Appendix A as their explanation, the provider should be either:

  • denied using reason code 11, or
  • canceled using reason code 61

385.Appendix A

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

If any person subject to background checks has been included in the Illinois Sex Offender Registry or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5] or under any earlier Illinois criminal law or code or an offense in another state, the elements of which are similar and bear a substantial relationship to any of the criminal offenses specified below, this conviction will serve as a bar to: receiving a license or permit to operate as a child care facility and renewal of an existing license to operate a child care facility; residing in a family home in which a child care facility operates; obtaining employment or continuing in employment in a licensed child care facility which allows access to children as part of the duties; obtaining a contract or agreement or providing services on behalf of the Department that allows unsupervised access to children.

In addition to the list of crimes in this Appendix A, no applicant may receive a license from the Department to operate a foster family home, and no adult person may reside in a foster family home licensed by the Department, who has been convicted of committing or attempting to commit any of the offenses listed in Appendix A, Criminal Convictions Which Prevent Licensure, of 89 Ill. Adm. Code 402, Licensing Standards for Foster Family Homes, which is a more inclusive list of crimes.

The offenses which serve as a bar to licensure, residence in a family home in which a child care facility operates, employment which allows access to children in any child care facility subject to licensing, or providing services that allow unsupervised access to children include:

Offenses Directed Against the Person

Homicide
  • Murder
  • Solicitation of murder
  • Solicitation of murder for hire
  • Intentional homicide of an unborn child
  • Voluntary manslaughter of an unborn child
  • Involuntary manslaughter
  • Reckless homicide
  • Concealment of a homicidal death
  • Involuntary manslaughter of an unborn child
  • Reckless homicide of an unborn child
  • Drug induced homicide
Kidnapping and Related Offenses
  • Kidnapping
  • Aggravated kidnapping
  • Aggravated unlawful restraint
  • Forcible detention
  • Child abduction
  • Aiding and abetting child abduction
  • Harboring a runaway [225 ILCS 10/4.2(b)]
Sex Offenses under Article 11 of the Criminal Code of 1961, except offenses described in Sections 11-7, 11-8, 11-12 and 11-13
  • Indecent solicitation of a child
  • Indecent solicitation of an adult
  • Public indecency
  • Sexual exploitation of a child
  • Custodial sexual misconduct
  • Presence within school zone by child sex offenders
  • Approaching, contacting, residing, or communicating with a child within public park zone by child sex offenders
  • Sexual relations within families
  • Prostitution
  • Soliciting for a prostitute
  • Soliciting for a juvenile prostitute
  • Solicitation of a sexual act
  • Pandering
  • Keeping a place of prostitution
  • Keeping a place of juvenile prostitution
  • Patronizing a prostitute
  • Patronizing a juvenile prostitute
  • Pimping
  • Juvenile pimping
  • Exploitation of a child
  • Obscenity
  • Child pornography
  • Harmful material
  • Tie-in sales of obscene publications to distributors
  • Posting of identifying information on a pornographic internet site [720 ILCS 5/Art.11]
Bodily Harm
  • Heinous battery
  • Aggravated battery with a firearm
  • Aggravated battery of a child
  • Tampering with food, drugs, or cosmetics
  • Hate crime
  • Stalking
  • Aggravated stalking
  • Threatening public officials
  • Home invasion
  • Vehicular invasion
  • Drug induced infliction of great bodily harm
  • Criminal sexual assault
  • Aggravated criminal sexual assault
  • Predatory criminal sexual assault of a child
  • Criminal sexual abuse
  • Aggravated sexual abuse
  • Criminal transmission of HIV
  • Criminal abuse or neglect of an elderly or disabled person
  • Child abandonment
  • Endangering the life or health of a child
  • Ritual mutilation
  • Ritualized abuse of a child [225 ILCS 10/4.2(b)]

Final approval for licensure shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault or homicide, but not including other felony convictions for 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) and (v-2)]

b. Additional Convictions that Bar Licensure of or Employment in a Child Care Facility

In addition to the requirements above, 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:

Offenses Directed Against the Person

Bodily Harm
  • Felony aggravated assault
  • Vehicular endangerment
  • Felony domestic battery
  • Aggravated battery
  • Heinous battery
  • Aggravated battery with a firearm
  • Aggravated battery of an unborn child
  • Aggravated battery of a senior citizen
  • Intimidation
  • Compelling organization membership of persons
  • Abuse and gross neglect of a long term care facility resident
  • Felony violation of an order of protection
Offenses Affecting Public Health, Safety, and Decency
  • Felony unlawful use of weapons
  • Aggravated discharge of a firearm
  • Reckless discharge of a firearm
  • Unlawful use of metal piercing bullets
  • Unlawful sale or delivery of firearms on the premises of any school
  • Disarming a police officer
  • Obstructing justice
  • Concealing or aiding a fugitive
  • Armed violence
  • Felony contributing to the criminal delinquency of a juvenile
Drug Offenses
  • Possession of more than 30 grams of cannabis
  • Manufacture of more than 10 grams of cannabis
  • Cannabis trafficking
  • Delivery of cannabis on school grounds
  • Unauthorized production of more then 5 cannabis sativa plants
  • Calculated criminal cannabis conspiracy
  • Unauthorized manufacture or delivery of controlled substances
  • Controlled substance trafficking
  • Manufacture, distribution advertisement of look-alike substances
  • Calculated criminal drug conspiracy
  • Street gang criminal drug conspiracy
  • Permitting unlawful use of a building
  • 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
  • Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look- alike substances
  • Delivery of controlled substances
  • Sale or delivery of drug paraphernalia
  • Felony possession, sale, or exchange of instruments adapted for use of a controlled substance or cannabis by subcutaneous injection
  • Felony possession of a controlled substance [225 ILCS 10/4.2(b-1]

c. Exception Applicable to Child Care Facilities Other than Foster Family Homes

Not withstanding subsection (a), the Department may issue a new child care facility license or may renew the existing child care facility license of an applicant, or an applicant who has an adult residing in a home child care facility who was convicted of an offense described in subsection (b), or the Department may approve the employment of a person by a child care facility who was convicted of an offense described in subsection (b), provided that all of the following requirements are met:

  1. The relevant criminal offense or offenses 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 application or renewal, unless the applicant or prospective employee has passed a drug test, arranged and paid for by the child care facility, no less then 5 years after the offense;
  2. The Department must conduct a background check and assess all convictions and recommendations of the child care facility in accordance with Section 385.60(d), (3) and (4) and determine if a waiver is applicable in accordance with subsection (c)(1);
  3. The applicant meets all other requirements and qualifications to obtain a license to operate the pertinent type of child care facility. [225 ILCS 10/4.2(b-2)]

(Source: Amended at 33 Ill. Reg., effective February 27, 2009)