B Criminal Convictions/Waivable Bars to Licensure

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.APPENDIX B CRIMINAL CONVICTIONS/WAIVABLE BARS TO LICENSURE Section 413.APPENDIX B   Criminal Convictions/Waivable Bars to Licensure If the host home applicant or any adult member of the household has been convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5], the Cannabis Control Act [720 ILCS 550], the Illinois Controlled Substances Act [720 ILCS 570], and the Methamphetamine Control and Community Protection Act [720 ILCS 646], or under any earlier Illinois criminal law or code or an offense in another state, the elements of which are similar and bear a substantial relation to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a host home license, unless all of the following requirements are met: 1. The relevant criminal offense or offenses occurred more than 10 years prior to the date of application or renewal. 2. The applicant had previously disclosed the conviction or convictions to the Department or supervising agency for the purposes of a background check. 3. After the disclosure, the supervising agency either placed a child in the home or the host home license was issued. 4. During the background check, the Department or supervising agency had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the licensure. 5. The applicant meets all other requirements and qualifications to be licensed as a host home under the Child Care Act and the Department's administrative rules. 6. The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, stable home environment. [225 ILCS 10/4.2] OFFENSES DIRECTED AGAINST THE PERSON KIDNAPPING AND RELATED OFFENSES Unlawful restraint BODILY HARM Felony aggravated assault Vehicular endangerment Felony domestic battery Aggravated battery Heinous battery Aggravated battery with a firearm Aggravated battery of an unborn child Aggravated battery of a senior citizen Intimidation Compelling organization membership of persons Abuse and criminal neglect of a long term care facility resident Felony violation of an order of protection OFFENSES DIRECTED AGAINST PROPERTY Felony theft Robbery Armed robbery Aggravated robbery Vehicular hijacking Aggravated vehicular hijacking Burglary Possession of burglary tools Residential burglary Criminal fortification of a residence or building Arson Aggravated arson Possession of explosive or explosive incendiary devices OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY Felony unlawful use of weapons Aggravated discharge of a firearm Reckless discharge of a firearm Unlawful use of metal piercing bullets Unlawful sale or delivery of firearms on the premises of any school Disarming a police officer Obstructing justice Concealing or aiding a fugitive Armed violence Felony contributing to the criminal delinquency of a juvenile DRUG OFFENSES Possession of more than 30 grams of cannabis Manufacture of more than 10 grams of cannabis Cannabis trafficking Delivery of cannabis on school grounds Unauthorized production of more than five cannabis sativa plants Calculated criminal cannabis conspiracy Unauthorized manufacture or delivery of controlled substances Controlled substance trafficking Manufacture, distribution, advertisement of look-alike substances Calculated criminal drug conspiracy Street gang criminal drug conspiracy Permitting unlawful use of a building Delivery of controlled, counterfeit or look-alike substances to persons under age 18, or at truck stops, rest stops, safety rest areas, or on school property Using, engaging, or employing persons under 18 to deliver controlled, counterfeit or look- alike substances Delivery of controlled substances Sale or delivery of drug paraphernalia Felony possession, sale or exchange of instruments adapted for use of controlled substance or cannabis by subcutaneous injection Any violation of the Methamphetamine Control and Community Protection Act In evaluating the exception pursuant to the criminal convictions listed above , the Department or supervising agency must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used: 1. the age of the applicant when the offense was committed; 2. the circumstances surrounding the offense; 3. the length of time since the conviction; 4. the specific duties and responsibilities necessarily related to the license being applied for and the bearing, if any, that the applicant's conviction history may have on the applicant's fitness to perform these duties and responsibilities; 5. the applicant's employment references; 6. the applicant's character references and any certificates of achievement; 7. an academic transcript showing educational attainment since the disqualifying conviction; 8. a Certificate of Relief from Disabilities or Certificate of Good Conduct; and 9. anything else that speaks to the applicant's character. [225 ILCS 10/4.2(e)]