Ill. Admin. Code tit. 89 § 406.4

Current through Register Vol. 48, No. 42, October 18, 2024

Section 406.4 - Application for License

a) A complete application shall be filed with the Department of Children and Family Services by the supervising agency on forms prescribed and provided by the Department.

b) Contents of Application

1) A complete application shall include:

A) a completed, signed and dated Application for Home License;

B) a list of persons who will be working in the day care home, including any substitutes and assistants, and members of the household age 13 and over;

C) completed, signed and dated authorizations to conduct the background check for the applicants, each employee or person used to replace or supplement staff, and each member of the household age 13 and over;

D) a completed, signed and dated Child Support Certification form;

E) the names, addresses and telephone numbers of at least 3 adults not related to the applicants, nor living in the household, who can attest to their character and suitability to provide child care;

F) a written hazard protection plan identifying potential hazards within the home and outdoor area accessible to the children in care. The written plan shall address the specific hazards and the adult supervision and physical means required to minimize the risks to children. Conditions to be addressed include, but are not limited to, traffic construction, bodies of water accessible to the children, open stairwells, and neighborhood dogs;

G) a copy of high school diploma, equivalent certificate, or degree from a regionally accredited institution of higher education or vocational institution;

H) proof of membership in the Gateways to Opportunity Registry by the primary caregiver and assistants in the home with all educational credentials and pre-service training entered into the Registry;

I)for an initial application effective January 1, 2014 or later, proof that the home has been tested within the last 3 years for radon, as established by rules of the Illinois Emergency Management Agency (32 Ill. Adm. Code 422) [ 225 ILCS 10/5.8] ; and

J) lead testing results and mitigation plans when required by Section 406.8(e) and (f).

2) The applicants shall have completed, not more than one year prior to the application date, at least 15 hours of pre-service training listed in Appendix D, which shall include the following topics for applicants and assistants who will care for infants:

A) Sudden Infant Death Syndrome (SIDS);

B) Sudden Unexpected Infant Death (SUID);

C) Safe sleep recommendations from the American Academy of Pediatrics;

D) Shaken Baby Syndrome; and

E) Department approved Mandated Reporter Training for all licensees and assistants, regardless of the age of children in care.

3) Applicants shall submit with their initial application a certificate of completion of lead safety training consisting of instruction in the following topics:

A) Mitigation plan for test results of 2.01 ppb or above; and

B) Impact of lead exposure.

c) The supervising agency shall study each day care home under its supervision before recommending issuance of a license. The licensing study shall be conducted by a licensing representative and shall be reviewed and approved by his/her supervisor. Supervisory approval indicates recommendation for license or denial of a license and compliance or non-compliance with the standards prescribed by this Part. The study shall be in writing and shall be signed by the licensing representative performing the study and by his/her supervisor. A license may not be recommended without the receipt of at least 3 positive, written references, and a written study signed by the licensing representative and supervisor. The applicant shall receive a copy of the results of the on-site compliance review upon request.

d) Fire Safety Inspection

1) The Department shall request the Office of the State Fire Marshal (OSFM) to perform a fire safety inspection of homes when an initial application is being considered for licensure and when care will be provided on other than ground level and for homes in multi-housing units and submit a written recommendation of the inspection to the supervising agency of the day care home and to the applicant;

2) The fire safety inspection on single floor homes, at ground level with no unusual or complex code considerations, shall be completed following the list of items for fire safety inspection in Appendix E by a licensing representative trained by OSFM to conduct that fire prevention inspection;

3) Prior to the Department issuance of a permit or a license, the day care home shall have written approval by OSFM or staff trained by OSFM, indicating the home meets fire safety requirements.

e) Licensed day care homes that fail to comply with all applicable local, municipal and State regulations may be prohibited from operating.

f) New Applications

1) A new application shall be filed when any of the following occurs:

A) When an application for a license has been withdrawn, surrendered or denied and the applicant or licensee seeks to reapply;

B) When there is a failure to submit a completed application within 14 days after a change of the location of the day care home; or

C) Not sooner than 12 months after the Department has revoked or refused to renew a license, after the previous license has been surrendered with cause, or refused to issue a full license to a permit holder, and a new license is sought.

2) For the application to be considered timely and sufficient, a new application shall be completed, signed by the licensee and submitted to the supervising agency within 30 days after the following changes:

A) When there is a change in the name of the licensee, the supervising agency or the legal status from a social security number to Federal Employer Identification Number (FEIN); or

B) When there is a change in the status of joint licensees, such as separation, divorce or death.

Ill. Admin. Code tit. 89, § 406.4

Amended at 37 Ill. Reg. 19127, effective November 30, 2013

Amended at 40 Ill. Reg. 10769, effective 7/29/2016

Amended at 43 Ill. Reg. 187, effective 1/1/2019