Section 385.30  Background Checks for Day Care Homes, Group Day Care Homes, and Day Care Centers

a)         Individuals subject to a partial background check.

1)         Household members in a day care home or group day care home ages 13 through 17 who are not employees or volunteers, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.

2)         Parent or guardian authorization is required for any individual under the age of 18.

b)         The components of a partial background check include:

1)         A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect;

2)         A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW); and

3)         A search of the following registries, repositories, or databases in any state where the individual resided during the preceding five years:

A)        State-based child abuse and neglect registry and/or database; and

B)        State-based sex offender registry or repository.

c)         Individuals subject to a comprehensive criminal background check.

1)         All applicants for licensure of a day care facility.

2)         All operators of a day care center (director, assistant director, etc.).

3)         All employees of a day care facility ages 18 years and older.

4)         All volunteers of a day care facility ages 18 years and older.

5)         All persons 14 through 17 years of age who are employed or serve as a volunteer at a day care facility, with authorization from a parent or guardian.

6)         If the child care facility operates in a day care home or group day care home, all members of the household ages 18 years and older, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.

7)         All replacement or supplemental staff (as defined in Section 385.20).

8)         Any person who has access to children (as defined in Section 385.20), including:

A)        Those under individual contract or working for a service provider with whom the child care facility has contracted to provide day-to-day operational services such as security, meal service, housekeeping services, etc.

B)        All interns.

d)         Non-licensed service providers who, on a regular basis, provide care in the provider's home to a child for whom the Department is legally responsible and all members of their household age 13 or over are subject to background checks described in this Section.

e)         The components of a comprehensive criminal background check include:

1)         In-State (Illinois) checks

A)        Fingerprints submitted to the Illinois State Police (ISP) for comparison to individual criminal history records;

B)        A search of the DCFS State Central Register (SCR) to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

C)        A search of the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public Website (NSOPW).

2)         National checks

A)        Fingerprints submitted to the Federal Bureau of Investigation (FBI) using Next Generation Identification for comparison to their national crime information databases; and

B)        A search of the National Crime Information Center National Sex Offender Registry (NCIC/NSOR).

3)         Interstate (out-of-state) checks

A search of the following registries, repositories, or databases in the state where an individual resides, and each state where the individual resided during the preceding five years:

A)        State-based criminal registry or repository.  A fingerprint-based background check is required in the state where the staff member resides but is optional in other states; 

B)        State-based child abuse and neglect registry and/or database; and

C)        State sex offender registry or repository.

f)         Frequency of background checks

The comprehensive criminal background check is to be completed at least every five years except for interstate checks.  Background checks shall be completed in 45 days or less.

(Source:  Amended at 50 Ill. Reg. 6445, effective April 24, 2026)