89 Ill. Adm. Code 4040.404.2
Definitions
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)]