Section 385.40  Authorization for Background Checks

a)         Persons Required to Authorize Background Checks

1)         All persons described in Sections 385.30(a), 385.35(a), and 385.37(a) are required to authorize background checks (as defined in Section 385.20) and shall authorize those checks as a condition of employment.

2)         Each license applicant must certify on the application form, under penalty of perjury, that they are not more than 30 days delinquent in complying with a child support order.  Failure to so certify may result in a denial of the license application, refusal to renew the license, or revocation of the license. [5 ILCS 100/10-65(c)]

b)         Contents of Authorization

The authorization required by this Section shall be on forms prescribed by the Department and shall include:

1)         identifying information consisting of name, address, Social Security number or Individual Taxpayer ID Number (ITIN), date of birth, height, weight, hair and eye color, previous names and addresses;

2)         a certification that all information provided on the form is true and accurate including identifying any prior criminal convictions other than a minor traffic violation, as defined by this Part;

3)         an acknowledgement that falsification of any information provided on the authorization will be grounds for denial of the application for licensure;

4)         authorization for the Department to release the results of the background check to the governing body or employer or, in the case of a group home or a child care facility operating in a family home, to the supervising agency for the child care facility; and

5)         a disclaimer that the individual signing the authorization for background check has a right to make a written request for, and to receive a copy of, the background check results.

c)         Employees Absent from Active Duty

For purposes of this Part only, employees who have been separated from a child care facility licensed by the Department for six months or longer (for reasons other than vacation, sabbatical leave, sick leave, military leave or parental leave) shall no longer be considered current employees.  Upon their return to active duty, the individuals shall be required to again authorize a background check pursuant to this Part.

d)         Employee Transfers Between Licensed Child Care Facilities

A child care facility that hires an employee who has cleared a comprehensive background check, as defined in this Part, at another child care facility licensed by the Department shall submit a request for a transfer on a form prescribed by the Department along with a new signed authorization for background check form for the new employee.

e)         Foreign Nationals

Foreign nationals shall submit to their prospective employer (if seeking employment) or licensing representative (if seeking a license to operate a child care facility) a copy of their valid passport and current visa.  A copy of the valid passport and current visa shall be attached to the authorization for background check.

f)         Commingling Not Permitted

If a child care facility operates within the same building as other agencies or organizations or is part of a multi-function agency that offers services which are not subject to Department licensing, the child care facility shall develop a plan to limit access to children present in the licensed child care facility by individuals who are not subject to the background check requirements of this Part. The plan shall be approved in writing by the governing body and the Department.

g)         Responsibility for Cooperation

Child care facilities shall be responsible for ensuring that persons subject to background checks make themselves available for fingerprinting as required.  Failure of a person subject to criminal background checks to appear without adequate cause for fingerprinting may result in the denial of a license application or refusal to renew or revocation of an existing license.  Adequate cause for failure to appear for fingerprinting includes, but is not limited to:

1)         death in the family of the person;

2)         serious illness of the person or illness in the person's immediate family; or

3)         weather or transportation emergencies.

h)         Persons not required to authorize a background check. 

In all instances the following persons may not be left alone with children in a child care facility, other than their own child:

1)         Persons engaged in parental involvement activities.

2)         Visitors who lead a special event such as reading to children, providing instruction such as art activities, conducting a health or safety demonstration, etc.

3)         Resource personnel who are employed by an outside entity and who deliver individualized services to children on-site at the child care facility, who include, but are not limited to, licensed services providers who travel to child care facilities to deliver early intervention services, and related service providers from the local education agency or school district.

4)         Students engaged in a practicum or classroom observation, or similar activities as a condition of meeting academic course requirements.

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