ADMINISTRATIVE CODE
TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER d: LICENSING ADMINISTRATION
PART 385 BACKGROUND CHECKS
SECTION 385.35 BACKGROUND CHECKS FOR FOSTER FAMILY HOMES AND HOST HOMES


 

Section 385.35  Background Checks for Foster Family Homes and Host Homes

 

a)         Individuals subject to a partial background check.

 

1)         Household members in a foster family home or host 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 youth in care placed in the home are present.

 

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 in accordance with the Adam Walsh Child Protection and Safety Act of 2006, 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 include:

 

1)         All applicants and members of the household of foster family homes and host homes ages 18 years and older.

 

2)         Individuals whose activities involve the care or supervision of children for a foster family home or host home, or have unsupervised access to children. This includes employees, volunteers, independent contractors, and people in the foster family home or host home under contract.

 

d)         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 their 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 in accordance with the Adam Walsh Child Protection and Safety Act of 2006, 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.

 

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 individual 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.

 

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