89 Ill. Adm. Code 383.35
Investigations of Complaints Concerning Licensed Facilities
Section 383.35 Investigations of Complaints Concerning
Licensed Facilities
a) When
a complaint alleges one or more violations of the Child Care Act or licensing
standards involving a licensed child care program or facility, the supervising
agency shall assign a licensing representative to investigate the allegations.
b) The
licensing representative shall begin a licensing complaint investigation within
2 business days after receipt of the complaint by the supervising agency
licensing unit and shall complete the investigation within 30 days after
receipt of the complaint. However, upon written notice to the licensee, the
investigation may be extended for an additional 30 days.
c) The licensing
representative shall:
1) interview
the complainant, if known, and other persons who may have information relevant
to the complaint. When failure of staff to report suspected abuse or neglect to
a child is alleged or suspected, the licensing representative shall
ensure
that the child care facility takes immediate action with the individual staff
involved
and document the facility's actions. Immediate action may include,
but is not limited to, requiring supervised access to children, re-assignment
of staff, or additional staff education and/or training;
2) obtain
and review any relevant documentation;
3) make
one or more unannounced visits to the program or facility, during the hours of
operation, to gather information and evidence relevant to the complaint, and to
determine whether the program or facility is operating in accordance with the
Child Care Act and licensing standards. When evidence supports one or more
staff failed to report suspected abuse or neglect to a child within the child
care facility, the licensing representative shall document those findings and
make a determination
whether the failure to report suspected abuse and
neglect was a single incident or part of a larger incident involving additional
staff members who failed to report, or whether the failure to report suspected
abuse and neglect is a system-wide problem within the child care facility or
child welfare agency; and
4) complete
and document the licensing complaint investigation on forms prescribed by the
Department. [225 ILCS 10/8.5
]
d) At
the conclusion of the licensing complaint investigation, the licensing
representative shall make a determination and enter a finding of
"substantiated" or "unsubstantiated" with regard to each
allegation in the complaint and shall document these findings. The licensing
representative shall also document any other substantiated violations observed
during the investigation.
e) When
a licensing complaint is taken for a stand-alone investigation of a licensed
foster home, the licensing unit assigned shall be responsible for contacting
and interviewing all caseworkers with children placed in the licensed home.
All caseworkers with children in a licensed foster home that is being
investigated for a licensing violation shall receive ongoing updates and
receive the final outcome of the investigation related to that foster home.
f) Within
5 business days after supervisory approval of the determination, the licensing
representative shall notify the complainant, in writing, of whether the
allegations in the complaint were substantiated or unsubstantiated.
g) Within
5 business days after supervisory approval of the determination, the licensing
representative shall notify the licensee or permit holder, in writing, of each
finding noted in the complaint investigation and any required follow-up action.
h) When
a licensing complaint involves a home licensed to operate as both a foster home
and a day care home, the licensing supervisors for both the foster home and day
care home licensing units shall assign the complaint investigation to licensing
representatives in their respective units and shall require the licensing
representatives to coordinate their respective investigations.