§408.APPENDIX E. Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or Employment in a Group Day Care Home

A.	The Department makes the presumption that an individual who has been determined to be a perpetrator of child abuse or neglect involving the allegations listed below, as defined in Appendix B, Child Abuse and Neglect Allegations of 89 Ill. Adm. Code 300, Reports of Child Abuse and Neglect is not suitable for work that involves contact with children.
		Death
		Head injury, brain damage, skull fracture or hematoma
		Internal injuries
		Wounds (gunshot, knife, or puncture)
		Torture
		Sexually transmitted diseases
		Sexual penetration
		Sexual molestation
		Sexual exploitation
		Failure to thrive
		Malnutrition
		Medical neglect of disabled infant
		A single indicated report of child abuse or neglect that resulted in serious injury to the child, regardless of the allegations involved
		More than one indicated report involving any of the following allegations, regardless of severity:
			Burns or scalding
			Poison or noxious substances
			Bone fractures
			Cuts, bruises, welts, abrasions and injuries
			Human bites
			Sprains or dislocations
			Tying or close confinement
			Substance misuse
			Mental and emotional impairment
			Substantial risk of physical injury
			Inadequate supervision
			Abandonment or desertion
			Medical neglect
			Lock-out
			Inadequate food
			Inadequate shelter
			Inadequate clothing
			Environmental neglect
	If the licensees/license applicants believes there are unusual circumstances that should be considered that mitigate the presumption of unsuitability, the licensees/license applicants may request a waiver of the presumption of unsuitability.  Materials to be considered are to be submitted to the licensing entity.
B.	Criminal Convictions Which Prevent Licensure or Employment
	If any person subject to background checks has been included in the Statewide Child Sex Offender Database or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5] 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 relationship to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a license or permit to operate as a child care facility and from obtaining employment or continuing in employment in a licensed child care facility that allows access to children as part of the duties.   The offenses that serve as a bar to licensure, residence in a family home in which a child care facility operates, or employment that allows access to children in any child care facilities subject to licensing include:
	OFFENSES DIRECTED AGAINST THE PERSON
	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
	KIDNAPPING AND RELATED OFFENSES
	Kidnapping
	Aggravated kidnapping
	Aggravated unlawful restraint
	Forcible detention
	Child abduction
	Aiding and abetting child abduction
	Harboring a runaway
	SEX OFFENSES
	Indecent solicitation of a child
	Indecent solicitation of an adult
	Public indecency
	Sexual exploitation of a child
	Custodial sexual misconduct
	Presence within school zone by child sex offenders
	Approaching, contacting, residing, or communicating with a child within a public park zone by child sex offenders
	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
	Exploitation of a child
	Obscenity
	Child pornography
	Harmful material
	Tie-in sales of obscene publications to distributors
	Posting of identifying information on a pornographic Internet site
	BODILY HARM
	Heinous battery
	Aggravated battery with a firearm
	Aggravated battery of a child
	Tampering with food, drugs, or cosmetics
	Hate crime
	Stalking
	Aggravated stalking
	Threatening public officials
	Home invasion
	Vehicular invasion
	Criminal sexual assault
	Aggravated criminal sexual assault
	Predatory criminal sexual assault of a child
	Criminal sexual abuse
	Aggravated sexual abuse
	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
	Drug induced infliction of great bodily harm

 

Refer to Appendix A of Part 385 for a additional convictions that bar licensure of or employment in a child care facility.

 

(Source:  Amended at 30 Ill. Reg. 18310, effective November 13, 2006)