(a) No applicant may receive a license from the Department and no person may be employed by a licensed child care facility who refuses to authorize an investigation as required by Section 4.1.
     (b) In addition to the other provisions of this Section, no applicant may receive a license from the Department and no person may be employed by a child care facility licensed by the Department who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act, or convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961 or the Criminal Code of 2012:
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Terms Used In Illinois Compiled Statutes 225 ILCS 10/4.2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

         (1) murder;
         (1.1) solicitation of murder;
         (1.2) solicitation of murder for hire;
         (1.3) intentional homicide of an unborn child;
         (1.4) voluntary manslaughter of an unborn child;
         (1.5) involuntary manslaughter;
         (1.6) reckless homicide;
         (1.7) concealment of a homicidal death;
         (1.8) involuntary manslaughter of an unborn child;
         (1.9) reckless homicide of an unborn child;
         (1.10) drug-induced homicide;
         (2) a sex offense under Article 11, except offenses
    
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45;
        (3) kidnapping;
         (3.1) aggravated unlawful restraint;
         (3.2) forcible detention;
         (3.3) harboring a runaway;
         (3.4) aiding and abetting child abduction;
         (4) aggravated kidnapping;
         (5) child abduction;
         (6) aggravated battery of a child as described in
    
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
         (8) aggravated criminal sexual assault;
         (8.1) predatory criminal sexual assault of a child;
         (9) criminal sexual abuse;
         (10) aggravated sexual abuse;
         (11) heinous battery as described in Section 12-4.1
    
or subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described
    
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
         (14) drug induced infliction of great bodily harm as
    
described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05;
        (15) hate crime;
         (16) stalking;
         (17) aggravated stalking;
         (18) threatening public officials;
         (19) home invasion;
         (20) vehicular invasion;
         (21) criminal transmission of HIV;
         (22) criminal abuse or neglect of an elderly person
    
or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a;
        (23) child abandonment;
         (24) endangering the life or health of a child;
         (25) ritual mutilation;
         (26) ritualized abuse of a child;
         (27) an offense in any other jurisdiction the
    
elements of which are similar and bear a substantial relationship to any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section, beginning January 1, 2004, no new applicant and, on the date of licensure renewal, no current licensee may operate or receive a license from the Department to operate, no person may be employed by, and no adult person may reside in a child care facility licensed by the Department who has been convicted of committing or attempting to commit any of the following offenses or an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the following offenses:
 

(I) BODILY HARM

         (1) Felony aggravated assault.
         (2) Vehicular endangerment.
         (3) Felony domestic battery.
         (4) Aggravated battery.
         (5) Heinous battery.
         (6) Aggravated battery with a firearm.
         (7) Aggravated battery of an unborn child.
         (8) Aggravated battery of a senior citizen.
         (9) Intimidation.
         (10) Compelling organization membership of persons.
         (11) Abuse and criminal neglect of a long term care

    
facility resident.
        (12) Felony violation of an order of protection.
 

(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

         (1) Felony unlawful use of weapons.
         (2) Aggravated discharge of a firearm.
         (3) Reckless discharge of a firearm.
         (4) Unlawful use of metal piercing bullets.
         (5) Unlawful sale or delivery of firearms on the

    
premises of any school.
        (6) Disarming a police officer.
         (7) Obstructing justice.
         (8) Concealing or aiding a fugitive.
         (9) Armed violence.
         (10) Felony contributing to the criminal delinquency
    
of a juvenile.
 

(III) DRUG OFFENSES

         (1) Possession of more than 30 grams of cannabis.
         (2) Manufacture of more than 10 grams of cannabis.
         (3) Cannabis trafficking.
         (4) Delivery of cannabis on school grounds.
         (5) Unauthorized production of more than 5 cannabis

    
sativa plants.
        (6) Calculated criminal cannabis conspiracy.
         (7) Unauthorized manufacture or delivery of
    
controlled substances.
        (8) Controlled substance trafficking.
         (9) Manufacture, distribution, or advertisement of
    
look-alike substances.
        (10) Calculated criminal drug conspiracy.
         (11) Street gang criminal drug conspiracy.
         (12) Permitting unlawful use of a building.
         (13) Delivery of controlled, counterfeit, or
    
look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property.
        (14) Using, engaging, or employing persons under 18
    
to deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
         (16) Sale or delivery of drug paraphernalia.
         (17) Felony possession, sale, or exchange of
    
instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
         (19) Any violation of the Methamphetamine Control
    
and Community Protection Act.
    (b-1.5) In addition to any other provision of this Section, for applicants with access to confidential financial information or who submit documentation to support billing, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of the following felony offenses:
         (1) financial institution fraud under Section 17-10.6
    
of the Criminal Code of 1961 or the Criminal Code of 2012;
        (2) identity theft under Section 16-30 of the
    
Criminal Code of 1961 or the Criminal Code of 2012;
        (3) financial exploitation of an elderly person or a
    
person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012;
        (4) computer tampering under Section 17-51 of the
    
Criminal Code of 1961 or the Criminal Code of 2012;
        (5) aggravated computer tampering under Section 17-52
    
of the Criminal Code of 1961 or the Criminal Code of 2012;
        (6) computer fraud under Section 17-50 of the
    
Criminal Code of 1961 or the Criminal Code of 2012;
        (7) deceptive practices under Section 17-1 of the
    
Criminal Code of 1961 or the Criminal Code of 2012;
        (8) forgery under Section 17-3 of the Criminal Code
    
of 1961 or the Criminal Code of 2012;
        (9) State benefits fraud under Section 17-6 of the
    
Criminal Code of 1961 or the Criminal Code of 2012;
        (10) mail fraud and wire fraud under Section 17-24 of
    
the Criminal Code of 1961 or the Criminal Code of 2012;
        (11) theft under paragraphs (1.1) through (11) of
    
subsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012.
    (b-2) Notwithstanding subsection (b-1), the Department may make an exception and, for child care facilities other than foster family homes, issue a new child care facility license to or renew the existing child care facility license of an applicant, a person employed by a child care facility, or an applicant who has an adult residing in a home child care facility who was convicted of an offense described in subsection (b-1), provided that all of the following requirements are met:
         (1) The relevant criminal offense occurred more than
    
5 years prior to the date of application or renewal, except for drug offenses. The relevant drug offense must have occurred more than 10 years prior to the date of application or renewal, unless the applicant passed a drug test, arranged and paid for by the child care facility, no less than 5 years after the offense.
        (2) The Department must conduct a background check
    
and assess all convictions and recommendations of the child care facility to determine if hiring or licensing the applicant is in accordance with Department administrative rules and procedures.
        (3) The applicant meets all other requirements and
    
qualifications to be licensed as the pertinent type of child care facility under this Act and the Department’s administrative rules.
    (c) In addition to the other provisions of this Section, no applicant may receive a license from the Department to operate a foster family home, and no adult person may reside in a foster family home licensed by the Department, who has been convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, and the Illinois Controlled Substances Act:
 

(I) OFFENSES DIRECTED AGAINST THE PERSON

     (A) KIDNAPPING AND RELATED OFFENSES
         (1) Unlawful restraint.
 
     (B) BODILY HARM
         (2) Felony aggravated assault.
         (3) Vehicular endangerment.
         (4) Felony domestic battery.
         (5) Aggravated battery.
         (6) Heinous battery.
         (7) Aggravated battery with a firearm.
         (8) Aggravated battery of an unborn child.
         (9) Aggravated battery of a senior citizen.
         (10) Intimidation.
         (11) Compelling organization membership of persons.
         (12) Abuse and criminal neglect of a long term care

    
facility resident.
        (13) Felony violation of an order of protection.
 

(II) OFFENSES DIRECTED AGAINST PROPERTY

         (14) Felony theft.
         (15) Robbery.
         (16) Armed robbery.
         (17) Aggravated robbery.
         (18) Vehicular hijacking.
         (19) Aggravated vehicular hijacking.
         (20) Burglary.
         (21) Possession of burglary tools.
         (22) Residential burglary.
         (23) Criminal fortification of a residence or

    
building.
        (24) Arson.
         (25) Aggravated arson.
         (26) Possession of explosive or explosive incendiary
    
devices.
 

(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

         (27) Felony unlawful use of weapons.
         (28) Aggravated discharge of a firearm.
         (29) Reckless discharge of a firearm.
         (30) Unlawful use of metal piercing bullets.
         (31) Unlawful sale or delivery of firearms on the

    
premises of any school.
        (32) Disarming a police officer.
         (33) Obstructing justice.
         (34) Concealing or aiding a fugitive.
         (35) Armed violence.
         (36) Felony contributing to the criminal delinquency
    
of a juvenile.
 

(IV) DRUG OFFENSES

         (37) Possession of more than 30 grams of cannabis.
         (38) Manufacture of more than 10 grams of cannabis.
         (39) Cannabis trafficking.
         (40) Delivery of cannabis on school grounds.
         (41) Unauthorized production of more than 5 cannabis

    
sativa plants.
        (42) Calculated criminal cannabis conspiracy.
         (43) Unauthorized manufacture or delivery of
    
controlled substances.
        (44) Controlled substance trafficking.
         (45) Manufacture, distribution, or advertisement of
    
look-alike substances.
        (46) Calculated criminal drug conspiracy.
         (46.5) Streetgang criminal drug conspiracy.
         (47) Permitting unlawful use of a building.
         (48) Delivery of controlled, counterfeit, or
    
look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property.
        (49) Using, engaging, or employing persons under 18
    
to deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
         (51) Sale or delivery of drug paraphernalia.
         (52) Felony possession, sale, or exchange of
    
instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    
Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may make an exception and issue a new foster family home license or may renew an existing foster family home license of an applicant who was convicted of an offense described in subsection (c), provided all of the following requirements are met:
         (1) The relevant criminal offense or offenses
    
occurred more than 10 years prior to the date of application or renewal.
        (2) The applicant had previously disclosed the
    
conviction or convictions to the Department for purposes of a background check.
        (3) After the disclosure, the Department either
    
placed a child in the home or the foster family home license was issued.
        (4) During the background check, the Department had
    
assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the hire or licensure.
        (5) The applicant meets all other requirements and
    
qualifications to be licensed as a foster family home under this Act and the Department’s administrative rules.
        (6) The applicant has a history of providing a safe,
    
stable home environment and appears able to continue to provide a safe, stable home environment.
    (e) In evaluating the exception pursuant to subsections (b-2) and (d), the Department must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used:
         (1) the age of the applicant when the offense was
    
committed;
        (2) the circumstances surrounding the offense;
         (3) the length of time since the conviction;
         (4) the specific duties and responsibilities
    
necessarily related to the license being applied for and the bearing, if any, that the applicant’s conviction history may have on the applicant’s fitness to perform these duties and responsibilities;
        (5) the applicant’s employment references;
         (6) the applicant’s character references and any
    
certificates of achievement;
        (7) an academic transcript showing educational
    
attainment since the disqualifying conviction;
        (8) a Certificate of Relief from Disabilities or
    
Certificate of Good Conduct; and
        (9) anything else that speaks to the applicant’s
    
character.
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