89 Ill. Adm. Code 385.50
Child Abuse or Child Neglect
Section 385
Section 385.50 Child Abuse
or Child Neglect
a) Indicated Reports of Child Abuse/Neglect
An individual
who is a household member and identified as a perpetrator of child
abuse/neglect in a single child protection investigation that does not rise to
the level of a presumption of unsuitability can be assessed and recommended for
waiver at the supervisory level. An individual who is a household member and
identified as a perpetrator of child abuse/neglect in child protection reports
that create a presumption of unsuitability (a single indicated report resulting
in 20 or 50 year retention or two indicated reports each with a five year
retention period) shall require a waiver through the Director or designee in
order to be cleared.
b) Assessment of Indicated Reports
1) A household member, employee, applicant for employment,
volunteer or non-licensed contractual provider indicated as a perpetrator in a
child protection investigation that does not rise to the level of a presumption
of unsuitability shall be assessed in order to determine a recommendation to
grant or deny a waiver for licensure or employment. The assessment shall
include
the Department or POS licensing staff obtaining
a written consent and reviewing the child protection records, as well as
the
following details:
A) the nature of the abuse or neglect with which the individual
was identified, including whether the abuse or neglect resulted in serious
injury or death to a child or children;
B) the circumstances surrounding the commission of the abuse or
neglect, including the age of the perpetrator and the children, that would demonstrate
unlikelihood of repetition;
C) the amount of time that has elapsed since the abuse or neglect
occurred and whether prior incidents of child abuse or child neglect have been
indicated against the individual;
D) whether the abuse or neglect involved single or multiple child
victims;
E) the relationship of the incident of child abuse or neglect to
the individual's current or conditional job responsibilities within the child
care facility;
F) whether the individual has been convicted of a criminal
offense which might have bearing on the individual's ability to function in a
child care facility as licensee or employee;
G) evidence of rehabilitation such as employment, education,
participation in therapy since the indicated incident of abuse or neglect; and
H) three positive character references.
2) When a household member, employee, applicant for employment,
volunteer or non-licensed contractual provider has been indicated as a
perpetrator in a child protection investigation that equates to a presumption
of unsuitability, the licensing entity or employer may request a review of the
denial and request a waiver of the presumption of unsuitability. Requests for
a waiver of presumption of unsuitability shall be in writing and postmarked
within 30 days after notice is received by the licensing entity or employer. The
Department or Purchase of Service Agency shall review the child protection
reports that led to the indicated findings that equate to a presumption of
unsuitability, before making a decision in requesting a waiver for a presumption
of unsuitability.
3) The Director of the Department or the Director's designee
shall review any materials submitted on the individual's behalf and may waive
the presumption that the individual is unsuitable for licensure or employment.
When the Director or designee determines there is good cause for waiving the
presumption of unsuitability, the hiring or licensing decision shall be made in
accordance with the totality of the requirements of this Part and the
applicable licensing standards.
c) Notification of Hiring Decision
A child care
facility shall notify the Department in writing of its decision regarding the
employment of a person, or retention of an employee, who has been indicated as
a perpetrator of child abuse/neglect. The decision of the employer is final. Employment
decisions may not be appealed to the Department.