Section 385.37  Background Checks for Child Welfare Agencies and Congregate Care Facilities

a)         Persons subject to a child welfare agency or congregate care criminal background check via fingerprints:

1)         The operator of a congregate care facility;

2)         All individuals employed at a child welfare agency or congregate care facility, regardless of whether they have contact with children;

3)         All volunteers;

4)         All replacement or supplemental staff (as defined in Section 385.20); and

5)         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 welfare agency or congregate care facility has contracted to provide day-to-day operational services such as security, meal service, housekeeping services, etc.

B)        All interns.

b)         The components of a child welfare agency and congregate care facility comprehensive criminal background check include:

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

2)         Fingerprints submitted to the Federal Bureau of Investigation (FBI) for comparison to their national crime information databases;

3)         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 and/or neglect;

4)         A search of the child abuse and neglect registry, repository, or database in the state where the individual resided during the preceding five years; and

5)         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).

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