Background Checks and Household Driver Safety Requirements

TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER f: GENERAL ADMINISTRATION PART 413 LICENSING STANDARDS FOR HOST HOMES SECTION 413.110 BACKGROUND CHECKS AND HOUSEHOLD DRIVER SAFETY REQUIREMENTS Section 413.110  Background Checks and Household Driver Safety Requirements a)         As a condition of issuance or renewal of a license, host home parents shall furnish information for background checks. l)          Individuals subject to a Partial Background Check include household members of host homes ages 13 through 17. Parent or guardian authorization is required for anyone under the age of 18. The components of a Partial Background Check include: A)        A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; B)        A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW); and C)        A search of the following registries, repositories, or databases in each state where the individual resided during the preceding 5 years: i)          State-based child abuse and neglect registry or database; and ii)         State-based sex offender registry or repository. 2)         Individuals subject to a Comprehensive Criminal Background Check include any individual living or working in a host home, who is age 18 and older. The components of a Comprehensive Criminal Background Check include: A)        In-State (Illinois) Checks i)          Fingerprints submitted to the Illinois State Police (ISP) for comparison to their criminal history records; ii)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and iii)        A search of the Illinois Sex Offender Registry (SOR) and National Sex Offender Public Website (NSOPW). B)        National Checks i)          Submission of fingerprints to the Federal Bureau of Investigation (FBI) using Next Generation Identification for comparison to their national crime information databases; and ii)         A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR). C)        Interstate (Out-of-State) Checks which include a search of the following registries, repositories, or databases in each state where an individual resided during the preceding 5 years: i)          State-based criminal registry or repository, with the use of fingerprints being required in the state where the staff member resides and optional in other states; ii)         State-based child abuse and neglect registry or data base; and iii)        State sex offender registry or repository. b)         Persons who have been convicted of an offense shall not be automatically rejected as host home parents unless the offense is one of those listed in Section 413.APPENDIX A, Criminal Convictions that Prevent Licensure. For convictions listed in Section 413.APPENDIX B, Criminal Convictions/Waivable Bars to Licensure, a waiver from the Department must be requested.  For all other convictions, the supervising agency shall consider the following when reviewing the background check results: 1)         the type of crime for which the individual was convicted; 2)         the number of crimes for which the individual was convicted; 3)         the nature of the offenses; 4)         the age of the individual at the time of conviction; 5)         the length of time that has elapsed since the last conviction; 6)         the relationship of the crime and the capacity to care for children; 7)         evidence of rehabilitation; and 8)         opinions of community members concerning the individual in question. c)         Licensed host home parents shall have access to reliable, legal, and safe transportation, which may include public transportation. 1)         All members of the host home family who transport host home children shall submit to annual verification of their driver's license, automobile liability insurance, and driving records. 2)         Any vehicle used to transport host home children shall be equipped with safety restraints and host home family members who transport host home children shall be responsible for securing host home children properly in such restraints. (See 625 ILCS 25/4a)