Ill. Admin. Code tit. 89, § 408.60 - Enrollment and Discharge Procedures
a)
No child served in a day care facility shall remain on the premises for more
than 12 hours in any 24-hour period unless the parent's employment schedule
requires more than 12 hours of day care. Regardless of the parent's employment
or training schedule, at no time shall children cared for in a day care
facility remain on the premises for more than 18 consecutive hours.
b) Prior to acceptance of a child for care,
the caregiver shall require that the parents accompany the child to the home to
become acquainted with the caregiver and with the service to be
provided.
c) No child under 6 years
of age may be admitted to the group day care home unless the health
examination, complete with lead risk assessment if the child resides in an area
defined as low risk by the Department of Public Health, or a screening for lead
poisoning if the child resides in an area defined as high risk by DPH (see 77
Ill. Adm. Code 845 (Lead Poisoning Prevention Code)), has been completed as
required by DPH rules at 77 Ill. Adm. Code 665 (Child Health Examination
Code).
d) The caregiver shall
require that the parent provide a certified copy of the child's birth
certificate. The caregiver:
1) Shall provide
a written notice to the parent of a child to be enrolled for the first
time that within 30 days after enrollment the parent shall
provide a certified copy of the child's birth certificate or other
reliable proof of identity and age of the child.
A) The caregiver shall promptly make a copy
of the certified copy and return the original certified copy to the
parent.
B) If a certified copy of
the birth certificate is not available, the parent must submit a
passport, visa or other governmental documentation as proof of the child's
identity and age and an affidavit or notarized letter
explaining the inability to produce a certified copy of the birth
certificate. [325 ILCS
50/5]
C)
The notice to parent shall also indicate that the caregiver is required by law
to notify the Illinois State Police or local law enforcement agency if the
parent fails to submit proof of the child's identity within the 30 day time
frame.
2) Shall notify
the Illinois State Police or local law enforcement agency of the parent's
failure to submit a certified copy of the child's birth certificate or other
reliable proof of identity. The caregiver shall also notify the parent
in writing that the Illinois State Police or local law
enforcement has been notified as required by law and that the parent
has 10 additional days to comply by submitting the required
documentation. [325 ILCS
50/5]
3)
Shall report to the Illinois State Police or local law
enforcement agency any affidavit received which appears inaccurate or
suspicious in form or content. [325 ILCS
50/5]
4)
Shall flag the record of a child enrolled at the day care who
is reported by the Illinois State Police as a missing person, and shall
immediately reportto the Illinois State Police
any request concerning flagged records or knowledge as to the
whereabouts of any missing child. [325 ILCS
50/5]
e) The parents shall be permitted to visit
the home, without prior notice, during the hours their children are in
care.
f) The caregivers shall
conduct a daily, preadmissions screening to determine if the child has obvious
symptoms of illness. If symptoms of illness are present, the caregiver shall
determine whether or not to provide care for the child, depending upon the
apparent degree of illness, other children present, and facilities available to
provide care for the ill child in accordance with the requirements of Section
408.70.
g) Children with diarrhea and those with rash
combined with fever (oral temperature of 100 degrees Fahrenheit or higher)
shall not be admitted to the group day care home while these symptoms persist,
and shall be removed as soon as possible should these symptoms develop while
the child is in care.
h) A child
shall be discharged from the facility only to the child's parents or to a
person designated in writing by the parents to receive the child.
1) The caregiver shall refuse to release a
child to any person, whether related or unrelated to the child, who has not
been authorized in writing by the parents to receive the child.
2) Persons not known to the caregiver shall
be required to provide a driver's license (with photo) or photo identification
card issued by the Illinois Secretary of State to establish their identity
prior to a child's release to them.
3) The facility shall maintain a list of
persons designated, in writing, by the parents to whom the facility can be
expected to discharge the child at least once per week. These persons, in
addition to the parents, shall constitute the primary list of persons to whom
the child may be released.
4) In
addition, the facility shall maintain a contingency list of persons designated,
in writing, by the parents to whom the child may be released less frequently
than once per week. When the child is released to a person on the contingency
list, the facility shall maintain a record of the person to whom the child was
released, the date and time that the child was released, and the manner that
the child left the facility (whether on foot, by passenger car, by taxicab or
other means of transportation).
i) Other discharge provisions of this Section
notwithstanding, a child leaving the group day care home to attend school shall
be released in accordance with the written authorization of the parents. The
authorization shall include the time that the child is to be released and the
means of transportation the child is to use.
j) All group day care homes shall have a
written policy that explains the actions the provider will take if a parent
does not retrieve, or arrange to have someone retrieve, his or her child at the
designated, agreed upon time. The policy shall consist of the provider's
expectations, clearly presented to the parent in the form of a written
agreement that shall be signed by the parent, and shall include at least the
following elements:
1) The consequences of
not picking up the children on time, including:
A) Amount of late fee, if any, and when those
fees begin to accrue;
B) The degree
of diligence the provider will use to reach emergency contacts, e.g., number of
attempted phone calls to parents and emergency contacts, requests for police
assistance in finding emergency contacts; and
C) Length of time the facility will keep the
child beyond the pick-up time before contacting outside authorities, such as
the child abuse hotline or police.
2) Emphasis on the importance of having
up-to-date emergency contact numbers on file.
3) Acknowledgement of the provider's
responsibility for the child's protection and well-being until the parent or
outside authorities arrive.
4) A
reminder to staff that the child is not responsible for the situation. All
discussions regarding these situations shall be with the parent, never with the
child.
k) The daily list
of children in care shall be readily accessible in case of emergency
evacuations and fire drills.
l) All
group day care homes providing child care to infants, toddlers or preschool age
children shall maintain, and notify parents of, written behavior support and
transition policies, in compliance with 23 Ill. Adm. Code 235.320 (Behavior
Support Plans).
m) Providers of
child care to infants, toddlers or preschool age children shall maintain
documentation regarding:
1) Steps taken to
ensure that the child can participate safely in the program, in accordance with
the behavior support plan and program transition policy.
2) This shall include attempts to utilize
qualified professional resources, including when parental consent is attempted
and whether it is obtained.
n) Early intervention services received by
children shall be documented in the behavior support plan. Providers shall also
document whether or not children are evaluated by the Early Intervention
Program and/or the school district and, with regard to those children
evaluated, whether they are found eligible or ineligible to receive services,
including when parental consent is attempted and whether it is obtained, and
attempts to utilize professional qualified resources.
o) Providers shall communicate with parents
for several reasons, including:
1) to better
understand the child's strengths and needs; and
2) to share any initial/ongoing observations
of challenging behaviors by provider or staff.
p) Infants, toddlers and preschool age
children who, after documented attempts have been made to meet the child's
individual needs, demonstrate an inability to benefit from the type of care
offered by the group day care home, or whose presence is detrimental to the
group, shall be transitioned to a different program.
q) For infants, toddlers and preschool age
children, in all instances when a licensee decides that it is in the best
interest of the child to transition to a different program, the child's and
parents' needs shall be considered by planning with the parents to identify the
new program, and working with the parents and pending program on a transition
plan designed to ensure continuity of services to meet the child's needs.
Licensees shall adhere to the following requirements regarding program
transition plans:
1) All group day care homes
shall have written transition policies that outline circumstances in which
children may transition out of the program and what the transition process
entails;
2) Providers shall notify
the Department of transition plans;
3) Nothing shall preclude a parent's or legal
guardian's right to withdraw his or her child from a group day care home. A
written statement from the parent or guardian shall be requested by the
provider and kept on file, stating the reason for the decision to withdraw the
child; and
4) If parents/guardians
are unable to provide a letter, the licensee shall maintain documentation that
includes the requestor's name and relationship to the child along with the
withdrawal date. The licensee must also sign and date the
documentation.
r)
Providers shall collect, and report annually to the Illinois State Board of
Education, in compliance with 23 Ill. Adm. Code 235.340(Reporting), information
on children transitioning out of the group day care home.
Notes
Amended at 34 Ill. Reg. 18411, effective December 15, 2010
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