89 Ill. Adm. Code 4040.404.2

Definitions

Last amended: 2026Year: 2026Length: 1,062 wordsOfficial source
Section 404 TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER e: REQUIREMENTS FOR LICENSURE PART 404 LICENSING STANDARDS FOR CHILD CARE INSTITUTIONS AND MATERNITY CENTERS SECTION 404.2 DEFINITIONS Section 404.2  Definitions "Appropriate activities" means activities or items that are generally accepted as suitable for children of the same chronological age or developmental level of maturity.  Appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group, taking into account the individual child's cognitive, emotional, physical, and behavioral development. [20 ILCS 505/7.3a] "Background check" has the same meaning as that term is defined in 89 Ill. Adm. Code 385. "Caregiver" means a person with whom the child is placed in out-of-home care or a designated official for child care facilities licensed by the Department as defined in the Child Care Act of 1969. [20 ILCS 505/7.3a] "Child" means any person under 18 years of age. For purposes of admission to and residence in child care institutions, group homes, and maternity centers, the term also means any person under 21 years of age who is referred by a parent or guardian, including an agency having legal responsibility for the person pursuant to the Juvenile Court Act of 1987. Termination of care for such persons under 21 years of age shall occur no later than 90 days following completion of a public school secondary education programs or the individual's eligibility for such a program. [225 ILCS 10/2.01]) "Child care institution" means a child care facility where more than 7 children are received and maintained for the purpose of providing them with care or training or both.  The term "child care institution" includes residential schools, primarily serving ambulatory children with disabilities, and those operating a full calendar year, but does not include: any State-operated institution for child care established by legislative action; any juvenile detention or shelter care home established and operated by any county or child protection district established under the Child Protection Act; any institution, home, place or facility operating under a license pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act ; any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades one through 12, or taught in public elementary schools, high schools, or both elementary and high schools, and which operates on a regular academic school year basis; any facility licensed as a "group home" as defined in the Child Care Act of 1969; any qualified residential treatment program [225 ILCS 10/2.06] ; or any psychiatric residential treatment facility certified under the Psychiatric Residential Treatment Facilities (PRTF) Act; or for purposes of this Part, forestry camps, training schools or any facility operated primarily for the detention of children who are determined to be delinquent. "Culturally competent hair care" for purposes of this Part, means the ability to understand and provide appropriate hair care for children based on knowledge of the norms, traditions, and experiences of a child's ethnic background. (See 89 Ill. Adm. Code 315.20 and 316.20) "Deemed status" means the Department has approved an institution or maternity center as in compliance with the requirements of this Part because the institution or maternity center: has received full accreditation status from the Council on Accreditation; and during the past 4 years, has been cited with no substantiated licensing violations that affect the health, safety, morals, or welfare of children it serves. "Department" or "DCFS " means the Illinois Department of Children and Family Services. [225 ILCS 10/2.02] "Employee" means any staff person employed by a child care institution or maternity center, and includes any substitute or assistant.  This definition includes administrative, professional and other support staff who have access to children. "Hair care" means all care and practices related to the maintenance , health, and expression of hair, including, but not limited to, the daily maintenance routine, cutting, styling, or dying of hair as well as culturally specific practices, products, and techniques that reflect and respect diverse identities of youth in care as well as promote dignity and self-worth . [20 ILCS 505/7.3b(b)(1)] "License" means a document issued by the Department that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969. "Licensee" means those individuals, agencies or organizations who hold a license or permit issued by the Department. "Licensing representative" means persons authorized by the Department under the Child Care Act of 1969 to examine facilities for licensure. "Maternity center" means a facility in which any person, agency or corporation, other than one licensed as a foster family home or group home under the Child Care Act of 1969, receives, treats or cares for one or more unwed pregnant girls under 18 years of age, except that the term does not include any facility licensed under the Hospital Licensing Act. [225 ILCS 10/2.07] "Medical examination" means a physical examination conducted by a Medical Doctor or Doctor of Osteopathic Medicine licensed to practice medicine in the State of Illinois, an Advanced Practice Nurse (APN) or Physician Assistant (PA). The medical examination must be documented on forms prescribed by the Department and signed and dated by the examining practitioner. "Normalcy parenting" means empowering a caregiver to approve or not approve a child's or youth's participation in appropriate extracurricular activities based on the caregiver's own assessment using the reasonable and prudent parent standard, without prior approval of the Department, the permanency worker or the court.  The goal of normalcy parenting and the reasonable and prudent parent standard is to allow the child's participation in extracurricular, enrichment, cultural and social activities that are appropriate for the child's normal growth and development. "Permit" means a one-time only document issued by the Department for a 6 month period to allow the individual, agency or organization to become eligible for a license. "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time supporting the child's emotional and developmental growth that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities. [20 ILCS 505/7.3a(b)]
89 Ill. Adm. Code 4040.404.2: Definitions | Justis AI