Effective Date: 04/23/04
Revised:  01/18/13
Reference: 89 Ill. Adm. Code, Chapter IV, §50.410; Chapter III, §406.9
Cross Reference: 05.03.01-Provider Background Checks; 05.04.01-Criminal Convictions


Policy Statement:

  1. Payment will be made for child care that otherwise meets the requirements of this Section; meets applicable standards of State and local law and regulation, including but not limited to licensure requirements promulgated by the Department of Children and Family Services (DCFS) at 89 Ill Adm. Code: Chapter I, Subchapter e: Requirements for Licensure, and Fire Prevention and Safety requirements promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 100; and is provided in any of the following:
    1. Licensed Day Care Center (760);
    2. Day Care Center Exempt from Licensing (761);
    3. Licensed Day Care Home (762);
    4. Licensed Group Day Care Home (763);
    5. Day Care Home Exempt from Licensing (764) - No more than three children may be cared for, including the provider's own children, unless all children are from the same household;
    6. Relative Exempt from Licensing (765)- Care provided in the home of a relative. No more than three children may be cared for, including the provider's own children, unless all children are from the same household;
    7. Non-relative Exempt from Licensing (766) - Care provided in the home of the child. No more than three children may be cared for, including the provider's own children, unless all children are from the same household; and
    8. Relative Exempt from Licensing (767) - Care provided in the home of the child. No more than three children may be cared for, including the provider's own children, unless all children are from the same household.
  2. Payments will not be made to a provider who is the child's mother or father, or to a stepparent who is currently married to the child's parent and is living in the same household as the child, or to any provider who is included in the same public assistance grant as the child (for those families receiving such assistance),or to a person living in the home who is a parent of the child's sibling or has a child in common with the applicant. If such a provider is available and qualified to care for the child in the home, child care will not be approved.
  3. 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, nor will such a person be considered available to provide care.
  4. Qualified providers must be at least 18 years of age.
  5. Child care providers may not work or be employed outside the home during the hours that child care is being provided.  Outside employment during the hours that child care is not being provided shall not interfere with the child care that is approved by the Department.

Procedure:

In accordance with the policies listed above, determine if the provider is a legal care provider.

If the parent is eligible and the provider is a legal care provider, send the parent and provider a Notice of Approval.

All license-exempt providers must complete the Provider Certification Section of the Child Care Application (Form 3455).

  1. If the parent is eligible and the provider is a legal care provider, send the parent and provider a Notice of Approval.
  2. All license-exempt providers must complete the Provider Certification Section of the Child Care Application (Form 3455).
  3. Persons convicted of crimes listed in 05.04.01-Criminal Convictions or found to be listed in the DCFS CANTS system, are not legal care providers and cannot be approved to receive child care payments. If this occurs and:
    1. the parent is eligible, send the parent
      1. a Request for Additional Information form, stating that the provider is not a legal care provider.
      2. a Request for Child Care Provider Change form (IL444-3455G), and
      3. a referral to the CCR&R's parent counselors.
    2. the parent is not eligible, send the parent and provider a denial form.
  4. For all applications and redeterminations, determine if the child care provider has any other employment by completing the following steps:
    1. Review the Child Care Application (IL444-3455) to see if the provider checked 'Yes' on the question "Are you an employee of the Illinois Department of Human Services or any other State agency?"
    2. Check the Automated Wage Verification System (AWVS) screen to see if the provider(s) listed on the Child Care Application has income from any other source. Complete the AWVS screen check on all active providers to determine if they have income from any other source listed in the most recent quarter.
    3. If the provider checked 'Yes' to the IDHS employment question on the Child Care Application or if another income is found in AWVS in the most recently reported quarter, send the provider a Request for Additional Information form (IL444-4480) to request employment verification. Compare the child care schedule to the other employment schedule to ensure that the other employment does not interfere with the child care schedule.
    4. If the other employment is determined to conflict with the child care schedule, deny the case and send the client and provider a Denial of Request for Child Care Payments form (IL444-4179).
    5. If the outside employment is determined not to conflict with the child care schedule, continue with eligibility determination and notification
  5. Day care home providers are NOT eligible for a subsidy from the IDHS Child Care program for their own children if they are providing care for someone else's child(ren) in their own home. This situation does not establish a need for care.