Definitions

TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER f: GENERAL ADMINISTRATION PART 413 LICENSING STANDARDS FOR HOST HOMES SECTION 413.20 DEFINITIONS Section 413.20  Definitions "Approved carbon monoxide alarm" means a carbon monoxide alarm that complies with all requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association. [430 ILCS 135/5] "Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type which complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal. [425 ILCS 60/2] "Approved in-service training" means training curriculum developed and implemented by the Illinois Department of Human Services (DHS) and additional continuous education training, as indicated by DHS. "Background check" means a partial or comprehensive criminal background clearance, for all eligible individuals living or working in a host home. "Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products. [410 ILCS 705/1-10] "Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis or cannabis concentrate that is not intended to be smoked. [410 ILCS 705/1-10] "Child" means any person under 18 years of age. [225 ILCS 10/2.01] "Child welfare agency" means a public or private child care facility, receiving any child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, adoption-only homes, or other facilities for child care, apart from the custody of the child's or children's parents.  The term "child welfare agency" includes all agencies established and maintained by a municipality or other political subdivision of the State of Illinois to protect, guard, train or care for children outside their own homes and all agencies, persons, groups of persons, associations, organizations, corporations, institutions, centers, or groups providing adoption services, but does not include any circuit court or duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court. [225 ILCS 10/2.08] " Complete application for host home license " means, at a minimum, a completed written application form; written authorization by the applicant and all adult members of the applicant's household to conduct a criminal background investigation; medical evidence in the form of a medical report, on forms prescribed by the Department, that the applicant and all members of  the household are free from communicable diseases or physical and mental conditions that affect their ability to provide care for the child or children; the names and addresses of at least 3 persons not related to the applicant who can attest to the applicant's moral character; the name and address of at least one relative who can attest to the applicant's capability to care for the child or children; and fingerprints submitted by the applicant and all adult members of the applicant's household. [225 ILCS 10/4] "Comprehensive Community-Based Youth Services" (CCBYS) means a Department of Human Services program that serves youth 11 through 17 years of age that are at risk of involvement in the child welfare and/or juvenile justice system with the overarching goal of family reunification and/or stabilization.  Services are authorized by the Children and Family Services Act [20 ILCS 505/17] and implement Article 3 of the Illinois Juvenile Court Act of 1987 [705 ILCS 405]  CCBYS programs do not provide services to youth who are under the custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987. "Corporal punishment" means punishment inflicted directly on the body, including, but not limited to: Hitting, spanking (striking a child with an open hand or instrument on the buttocks or extremities with the intention of modifying behavior without causing physical injury), shaking, slapping, twisting, pulling, squeezing, or biting; Demanding excessive physical exercise, excessive rest, or strenuous or bizarre postures; Forcing or demanding physical touch from the child; Compelling a child to eat or have soap, food, spices, or foreign substances in the child's mouth; and Exposing a child to extreme temperatures. "Department" means the Illinois Department of Children and Family Services (DCFS) . [225 ILCS 10/2.02] "Discipline" means not to punish, but to teach and guide, focusing on preventing behavior problems by supporting children in learning appropriate social skills and emotional responses. Discipline does not include the use of corporal punishment as defined in this Part. "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter or which has a maximum muzzle velocity of less than 700 feet per second; any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors; any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and an antique firearm (other than a machine gun) which, although designed as a weapon, the Illinois State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. [430 ILCS 65/1.1] "Full-time care" means the child is a resident of the household, whether on a temporary, emergency, or permanent basis. "Host home child" means a child between the ages of 11 through 17 years old being served by Department of Human Services (DHS) under the Comprehensive Community Based Youth Services Program. "Host home" means an emergency foster family home under the direction and regular supervision of a licensed child welfare agency, contracted to provide short-term crisis intervention services to youth served under the Comprehensive Community-Based Youth Services program, under the direction of the Department of Human Services.  The youth shall not be under the custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987 . [225 ILCS 10/2.17(g)] "Department of Human Services" (DHS) means the state agency responsible for the implementation of Comprehensive Community-Based Youth Services (CCBYS). "LGBTQIA+" means a common acronym for lesbian, gay, bisexual, transgender, queer/questioning, intersex, and asexual persons.  It is written LGBTQIA+ to identify the many possible additions to earlier terminology.  (Refer to DCFS Procedures 302.Appendix K for direction regarding the support and well-being of LGBTQIA+ children and youth). "License" means a document issued by the Department of Children and Family Services that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969 [225 ILCS 10]. "License applicant" means the operator or person with direct responsibility for daily operation of the facility to be licensed. [225 ILCS 10/4.4] "Licensed physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 [225 ILCS 60]. "Licensee" means those individuals, agencies, or organizations who hold a license or permit issued by the Department of Child and Family Services. "Licensing representative" means persons authorized by DCFS under the Child Care Act of 1969 [225 ILCS 10] to perform licensing activities. "Licensing study" means a written review and assessment of an application for license, on-site visits, interviews, and the collection and review of supporting documents to determine compliance with the Child Care Act of 1969 and the standards prescribed by the Part. "Medical cannabis" means cannabis products that are acquired for "medical use" as that term is defined in the Compassionate Use of Medical Cannabis Program Act. [410 ILCS 130] "Member of the household" means a person who resides in a family home as evidenced by factors including, but not limited to, maintaining clothing and personal effects at the household address, or receiving mail at the household address, or using identification with the household address. "Non-active status" means a licensed host home has no emergency placements and maintains continuous compliance with this Part that, by mutual written agreement with the supervising agency, does not receive regular licensing monitoring visits by the supervising agency. "Premises" means the location of the host home in which the family resides and includes the attached yard, garage, basement, and any other outbuildings. "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)] "Reputable" means there is satisfactory evidence that the moral character of the applicant is trustworthy. "Responsible moral character" means trustworthy performance of expected duties that serves the best interests of the children in care as evidenced by established child welfare standards, State and federal law, and the administrative rules of the Department. "State Central Register" means a central register of all cases of suspected child abuse or neglect reported and maintained by the Department under the Abused and Neglected Child Reporting Act. [325 ILCS 5/7.7] "Supervising agency", for the purposes of this Part, means a licensed child welfare agency.