§301.APPENDIX A. Criminal Convictions that Prevent Placement of Children with Relatives

a)         Children for whom the Department of Children and Family Services is legally responsible shall not be placed with a relative, as defined in this Part, or allowed to remain in the home of a relative if the relative caregiver or any adult member of the household has been convicted of committing any of the following crimes, except as allowed via a waiver process under subsections (b) and (c).

 

1)         Homicide

 

            Murder*

 

            Solicitation of murder*

 

            Solicitation of murder for hire*

 

            Intentional homicide of an unborn child*

 

            Voluntary manslaughter of an unborn child*

 

            Involuntary manslaughter*

 

            Reckless homicide*

 

            Concealment of a homicidal death*

 

            Involuntary manslaughter of an unborn child*

 

            Reckless homicide of an unborn child*

 

            Drug induced homicide*

 

2)         Sex Offenses

 

            Child pornography*

 

            Exploitation of a child*

 

            Sexual exploitation of a child*

 

            Obscenity

 

            Harmful materials

 

            Tie in sales of obscene publications to distributors

 

            Indecent solicitation of a child*

 

            Indecent solicitation of an adult

 

            Public indecency

 

            Sexual relations within families*

 

            Prostitution

 

            Soliciting for a prostitute

 

            Soliciting for a juvenile prostitute*

 

            Solicitation of a sexual act

 

            Pandering

 

            Keeping a place of prostitution*

 

            Keeping a place of juvenile prostitution*

 

            Patronizing a prostitute

 

            Patronizing a juvenile prostitute*

 

            Pimping

 

            Juvenile pimping*

 

3)         Kidnapping and Related Offenses

 

            Kidnapping

 

            Aggravated unlawful restraint

 

            Forcible detention

 

            Aiding and abetting child abduction*

 

            Aggravated kidnapping

 

            Child abduction*

 

4)         Bodily Harm

 

            Aggravated battery of a child*

 

            Criminal sexual assault*

 

            Aggravated criminal sexual assault*

 

            Predatory criminal sexual assault of a child*

 

            Criminal sexual abuse*

 

            Aggravated sexual abuse*

 

            Heinous battery*

 

            Aggravated battery with a firearm

 

            Tampering with food, drugs, or cosmetics

 

            Drug-induced infliction of great bodily harm

 

            Aggravated stalking

 

            Home invasion

 

            Vehicular invasion

 

            Criminal transmission of HIV

 

            Criminal neglect of an elderly or disabled person

 

            Child abandonment*

 

            Endangering the life or health of a child*

 

            Ritual mutilation

 

            Ritualized abuse of a child*

 

Any violation of the Methamphetamine Control and Community Protection Act [720 ILCS 646].

 

5)         An offense in any other state the elements of which are similar and bear a substantial relationship to any of the offenses listed in this subsection (a).

 

b)         If the relative caregiver or any adult member of the household has been convicted of one of the crimes in subsections (a)(1) through (5) marked by an asterisk, any request for a waiver must be submitted in writing to the Director of the Department for his or her personal approval.  The supervising agency shall submit the following information along with the request for waiver of the criminal convictions.

 

1)         the age of the individual at the time of the convictions;

 

2)         the length of time that has elapsed since the last conviction;

 

3)         the relationship of the crime and the capacity to care for related children;

 

4)         evidence of rehabilitation; and

 

5)         opinions of community members concerning the individual in question.

 

c)         If the relative caregiver or any adult member of the household has been convicted of one of the crimes identified in subsections (a)(1) through (5) not marked by an asterisk, related children for whom the Department is legally responsible shall not be placed in or continue to remain in the relative caregiver's household unless a waiver of this prior criminal history has been granted in accordance with the requirements of this subsection.  The Director of the Department shall designate specific Department employees who have the authority to grant these waivers on a 24 hour per day basis.  When the supervising agency believes that there have been extraordinary circumstances surrounding the criminal history or the convicted persons has been successfully rehabilitated and placement in the relative's household is in the best interests of the children, the supervising agency may request a waiver of this prior criminal history by asking the Department to consider the factors in subsection (b).  These requests may be made orally, but must be confirmed in writing. The Department's decision with regard to the request for a waiver shall be documented in writing and included in the child's case record.

 

(Source:  Amended at 36 Ill. Reg. 2098, effective January 30, 2012)