Section 385.34  Additional Restrictions for Day Care Facilities

In addition to criminal background check restrictions listed in Appendix A, day care home, group day care home, and day care center applicants/licensees, adult household members, employees, and volunteers shall be ineligible for employment or licensure if the individual: 

a)         has been convicted of any of the following felonies:

1)         child abuse or neglect;

2)         a crime against children, including child pornography;

3)         spousal abuse;

4)         arson;

5)         physical assault or battery; or

6)         a drug-related offense committed during the preceding 10 years, subject to the review process in Section 385.60(d) through which the Department may determine that the individual is eligible for employment. (45 CFR 98.43)

b)         has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography. (45 CFR 98.43)

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