A Criminal Convictions Preventing Licensure, Employment, or Residence in a Family Home in Which a Child Care Facility Operates

Section 385 TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER d: LICENSING ADMINISTRATION PART 385 BACKGROUND CHECKS SECTION 385.APPENDIX A CRIMINAL CONVICTIONS PREVENTING LICENSURE, EMPLOYMENT, OR RESIDENCE IN A FAMILY HOME IN WHICH A CHILD CARE FACILITY OPERATES Section 385.APPENDIX A   Criminal Convictions Preventing Licensure, Employment, or Residence in a Family Home in Which a Child Care Facility Operates No applicant may receive a license from the Department, and no person may be employed by a child care facility licensed by the Department, who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205] or convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961 or the Criminal Code of 2012: Lifetime Bars (Non-Waivable) (1)        murder; (1.1)     solicitation of murder; (1.2)     solicitation of murder for hire; (1.3)     intentional homicide of an unborn child; (1.4)     voluntary manslaughter of an unborn child; (1.5)     involuntary manslaughter; (1.6)     reckless homicide; (1.7)     concealment of a homicidal death; (1.8)     involuntary manslaughter of an unborn child; (1.9)     reckless homicide of an unborn child; (1.10)   drug-induced homicide; (2)        a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45; (3)        kidnapping; (3.1)     aggravated unlawful restraint; (3.2)     forcible detention; (3.3)     harboring a runaway; (3.4)     aiding and abetting child abduction; (4)        aggravated kidnapping; (5)        child abduction; (6)        aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; (7)        criminal sexual assault; (8)        aggravated criminal sexual assault; (8.1)     predatory criminal sexual assault of a child; (9)        criminal sexual abuse; (10)      aggravated sexual abuse; (11)      heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05; (12)      aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1) (e)(2), (e)(3), or (e)(4) of Section 12-3.05; (13)      tampering with food, drugs, or cosmetics; (14)      drug induced infliction of great bodily harm as described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05; (15)      hate crime; (16)      stalking; (17)      aggravated stalking; (18)      threatening public officials; (19)      home invasion; (20)      vehicular invasion; (21)      criminal transmission of HIV; (22)      criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a; (23)      child abandonment; (24)      endangering the life or health of a child; (25)      ritual mutilation; (26)      ritualized abuse of a child; (27)      an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the offenses listed in this section . [225 ILCS 10/4.2(b)] Financial-type Crimes Effective July 19, 2019 , for applicants with access to confidential financial information or who submit documentation to support billing, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of the following felony offenses: (1)        financial institution fraud under Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of 2012; (2)        identity theft under Section 16-30 of the Criminal Code of 1961 or the Criminal Code of 2012; (3)        financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012; (4)        computer tampering under Section 17-51 of the Criminal Code of 1961 or the Criminal Code of 2012; (5)        aggravated computer tampering under Section 17-52 of the Criminal Code of 1961 or the Criminal Code of 2012; (6)        computer fraud under Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012; (7)        deceptive practices under Section 17-1 of the Criminal Code of 1961 or the Criminal Code of 2012; (8)        forgery under Section 17-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (9)        State benefits fraud under Section 17-6 of the Criminal Code of 1961 or the Criminal Code of 2012; (10)      mail fraud and wire fraud under Section 17-24 of the Criminal Code of 1961 or the Criminal Code of 2012; (11)      theft under paragraphs (1.1) through (11) of subsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012. [225 ILCS 10/4.2(b-1.5)] Waivable Bars (Not Including Foster Homes or Host Homes) No new applicant and, on the date of licensure renewal, no current licensee may operate or receive a license from the Department to operate, no person may be employed by, and no adult person may reside in a child care facility licensed by the Department who has been convicted of committing or attempting to commit any of the following offenses or an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the following offenses (unless waived as provided in Section 4.2(b-2) of the Act) : (I) BODILY HARM (1)        Felony aggravated assault. (2)        Vehicular endangerment. (3)        Felony domestic battery. (4)        Aggravated battery. (5)        Heinous battery. (6)        Aggravated battery with a firearm. (7)        Aggravated battery of an unborn child. (8)        Aggravated battery of a senior citizen. (9)        Intimidation. (10)      Compelling organization membership of persons. (11)      Abuse and criminal neglect of a long term care facility resident. (12)      Felony violation of an order of protection. (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY (1)        Felony unlawful use of weapons. (2)        Aggravated discharge of a firearm. (3)        Reckless discharge of a firearm. (4)        Unlawful use of metal piercing bullets. (5)        Unlawful sale or delivery of firearms on the premises of any school. (6)        Disarming a police officer. (7)        Obstructing justice. (8)        Concealing or aiding a fugitive. (9)        Armed violence. (10)      Felony contributing to the criminal delinquency of a juvenile. (III) DRUG OFFENSES (1)        Possession of more than 30 grams of cannabis. (2)        Manufacture of more than 10 grams of cannabis. (3)        Cannabis trafficking. (4)        Delivery of cannabis on school grounds. (5)        Unauthorized production of more than 5 cannabis sativa plants. (6)        Calculated criminal cannabis conspiracy. (7)        Unauthorized manufacture or delivery of controlled substances. (8)        Controlled substance trafficking. (9)        Manufacture, distribution, or advertisement of look-alike substances. (10)      Calculated criminal drug conspiracy. (11)      Street gang criminal drug conspiracy. (12)      Permitting unlawful use of a building. (13)      Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property. (14)      Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances. (15)      Delivery of controlled substances. (16)      Sale or delivery of drug paraphernalia. (17)      Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection. (18)      Felony possession of a controlled substance. (19)      Any violation of the Methamphetamine Control and Community Protection Act [720 ILCS 646]. [225 ILCS 10/4.2(b-1)] Additional Foster Home Restrictions No applicant may receive a license from the Department to operate a foster family home or host home , and no adult person may reside in a foster family home or host home licensed by the Department, who has been convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis Control Act [720 ILCS 550] , the Methamphetamine Control and Community Protection Act [720 ILCS 646] , and the Illinois Controlled Substances Act [725 ILCS 70], unless an exception is granted pursuant to Sections 4.2(d) or (e) of the Child Care Act [225 ILCS 10]: (I) OFFENSES DIRECTED AGAINST THE PERSON (A)       KIDNAPPING AND RELATED OFFENSES (1)        Unlawful restraint. (B)       BODILY HARM (2)        Felony aggravated assault. (3)        Vehicular endangerment. (4)        Felony domestic battery. (5)        Aggravated battery. (6)        Heinous battery. (7)        Aggravated battery with a firearm. (8)        Aggravated battery of an unborn child. (9)        Aggravated battery of a senior citizen. (10)      Intimidation. (11)      Compelling organization membership of persons. (12)      Abuse and criminal neglect of a long term care facility resident. (13)      Felony violation of an order of protection. (II) OFFENSES DIRECTED AGAINST PROPERTY (14)      Felony theft. (15)      Robbery. (16)      Armed robbery. (17)      Aggravated robbery. (18)      Vehicular hijacking. (19)      Aggravated vehicular hijacking. (20)      Burglary. (21)      Possession of burglary tools. (22)      Residential burglary. (23)      Criminal fortification of a residence or building. (24)      Arson. (25)      Aggravated arson. (26)      Possession of explosive or explosive incendiary devices. (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY (27)      Felony unlawful use of weapons. (28)      Aggravated discharge of a firearm. (29)      Reckless discharge of a firearm. (30)      Unlawful use of metal piercing bullets. (31)      Unlawful sale or delivery of firearms on the premises of any school. (32)      Disarming a police officer. (33)      Obstructing justice. (34)      Concealing or aiding a fugitive. (35)      Armed violence. (36)      Felony contributing to the criminal delinquency of a juvenile. (IV) DRUG OFFENSES (37)      Possession of more than 30 grams of cannabis. (38)      Manufacture of more than 10 grams of cannabis. (39)      Cannabis trafficking. (40)      Delivery of cannabis on school grounds. (41)      Unauthorized production of more than 5 cannabis sativa plants. (42)      Calculated criminal cannabis conspiracy. (43)      Unauthorized manufacture or delivery of controlled substances. (44)      Controlled substance trafficking. (45)      Manufacture, distribution, or advertisement of look-alike substances. (46)      Calculated criminal drug conspiracy. (46.5)   Street gang criminal drug conspiracy. (47)      Permitting unlawful use of a building. (48)      Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property. (49)      Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances. (50)      Delivery of controlled substances. (51)      Sale or delivery of drug paraphernalia. (52)      Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection. (53)      Any violation of the Methamphetamine Control and Community Protection Act. [225 ILCS 10/4.2(c)]