IL SB3517

Applicants and employees at child care facilities cannot have convictions for murder, sex offenses, kidnapping, child abuse, sexual assault, drug trafficking, weapons violations, and 26 other specified criminal offenses listed under the Criminal Code of 1961.

Beginning January 1, 2004, new applicants and current licensees cannot operate child care facilities if convicted of felony crimes including aggravated assault, domestic battery, drug possession over 30 grams of cannabis, controlled substance trafficking, identity theft, financial fraud, and other financial crimes involving access to confidential information.

The Department may grant exceptions to disqualifying convictions for non-foster family child care facilities if the offense occurred more than 5 years prior (10 years for drug offenses), a background check is conducted, and the applicant meets all other licensing requirements.

For foster family homes, exceptions require the offense to have occurred more than 10 years prior, the applicant previously disclosed the conviction, a child was placed in the home or license was issued after disclosure, the Department previously waived the conviction, and the applicant has a history of providing a safe home environment.

The Department must evaluate exceptions using nine guidelines including the applicant's age at time of offense, circumstances surrounding the crime, time elapsed since conviction, employment and character references, educational achievement, and any Certificates of Relief or Good Conduct.