Illinois Department of Children and Family Services
Rules 408 – (1)
TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER e: REQUIREMENTS FOR LICENSURE
PART 408
LICENSING STANDARDS FOR GROUP DAY CARE HOMES
Section
408.1 Purpose
408.5 Definitions
408.7 Effective Date of Standards (Repealed)
408.10 Application for License
408.15 Application for Renewal of License
408.20 Provisions Pertaining to the License
408.25 Provisions Pertaining to Permits
408.30 General Requirements for Group Day Care Homes
408.35 General Requirements for Group Day Care Home Family
408.40 Background Checks
408.45 Caregivers
408.50 Child Care Assistants
408.55 Substitutes
408.60 Enrollment and Discharge Procedures
408.65 Number and Ages of Children Served
408.70 Health, Medical Care and Safety
408.75 Guidance and Discipline
408.80 Nutrition and Meals
408.85 Program
408.90 Transportation of Children
408.95 Swimming
408.100 Children with Special Needs
408.105 Children Under 30 Months of Age
408.110 School Age Children
408.115 Night Care
408.120 Records and Reports
408.125 Confidentiality of Records and Information
408.130 Cooperation with the Department
408.135 Severability of This Part
408.APPENDIX A Meal Pattern Chart for Children 0 to 12 Months of Age
408.APPENDIX B Meal Pattern Chart for Children Over One Year of Age
408.APPENDIX C Minimum Equipment and Supplies – Preschool Programs
408.APPENDIX D Minimum Equipment and Supplies – Infant and Toddler Programs
408.APPENDIX E Background of Abuse, Neglect, or Criminal History Which May Prevent
Licensure or Employment in a Group Day Care Home
408.APPENDIX F Early Childhood Teacher Credentialing Programs
408.APPENDIX G Pre-Service and In-Service Training
408.APPENDIX H Chart of Number and Ages of Children Served
408.APPENDIX I List of Items for Fire Safety Inspection
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Illinois Department of Children and Family Services
Rules 408 – (2)
AUTHORITY: Implementing and authorized by the Child Care Act of 1969 [225 ILCS 10], the
Children's Product Safety Act [430 ILCS 125], Section 3 of the Abused and Neglected Child
Reporting Act [325 ILCS 5/3], Sections 1 and 2 of the Facilities Requiring Smoke Detectors Act
[425 ILCS 10/1 and 2] and Section 5 of the Missing Children Records Act [325 ILCS 50/5].
SOURCE: Adopted at 13 Ill. Reg. 14828, effective October 1, 1989; emergency amendment at 15
Ill. Reg. 15104, effective October 8, 1991, for a maximum of 150 days; amended at 16 Ill. Reg.
8950, effective May 30, 1992; amended at 18 Ill. Reg. 5540, effective April 1, 1994; amended at 19
Ill. Reg. 2784, effective February 23, 1995; amended at 21 Ill. Reg. 4563, effective April 1, 1997;
emergency amendment at 24 Ill. Reg. 4212, effective March 1, 2000, for a maximum of 150 days;
emergency expired July 28, 2000; amended at 24 Ill. Reg. 17057, effective November 1, 2000;
amended at 25 Ill. Reg. 5281, effective April 1, 2001; amended at 27 Ill. Reg. 19232, effective
December 15, 2003; amended at 30 Ill. Reg. 18310, effective November 13, 2006; amended at 32 Ill.
Reg. 9164, effective June 20, 2008; amended at 34 Ill. Reg. 18411, effective December 15, 2010;
amended at 36 Ill. Reg. 4114, effective March 5, 2012; amended at 36 Ill. Reg. 13105, effective
August 15, 2012; amended at 36 Ill. Reg. 13403, effective August 15, 2012; amended at 37 Ill. Reg.
19149, effective November 30, 2013; amended at 40 Ill. Reg. 10808, effective July 29, 2016;
emergency amendment at 42 Ill. Reg. 8593, effective May 9, 2018, for a maximum of 150 days;
emergency expired October 5, 2018; amended at 43 Ill. Reg.265, effective January 1, 2019;
emergency amendment at 44 Ill. Reg. 10184, effective May 29, 2020, for a maximum of 150 days;
emergency amendment to emergency rule at 44 Ill. Reg.11094, effective June 12, 2020; for the
remainder of 150 days; emergency rule effective May 29, 2020, as amended June 12, 2020, expired
October 25, 2020; amended at 44 Ill. Reg. 16166, effective September 18, 2020; amended at 48 Ill.
Reg. 5963, effective April 3, 2024.
Section 408.1 Purpose
a) The purpose of this Part is to prescribe the standards for licensure as group day care
home and to describe how to apply for a license.
b) The licensing standards set forth in this Part are applicable to group day care homes
as defined in the Child Care Act of 1969 (the Act) [225 ILCS 10/2.20].
Section 408.5 Definitions
"Access to children" means an employee's job duties require that the employee be
present in a licensed child care facility during the hours that children are present in
the facility. In addition, any person who is permitted to be alone outside the visual or
auditory supervision of facility staff with children receiving care in a licensed child
care facility is subject to the background check requirements of this Part.
"Accredited college or university" means a college or university that has been
accredited by a regional or national institutional accrediting association recognized
by the U.S. Department of Education or a non-governmental recognition counterpart.
"Adult" means a person who is 18 years of age or older.
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"Applicant" means a person living in the residence to be licensed who will be the
primary caregiver in the group day care home.
"Approved smoke detector" or "detector" means a smoke detector of the ionization or
photoelectric type which complies with all the requirements of the rules and
regulations of the Illinois State Fire Marshal. (Section 2 of the Facilities Requiring
Smoke Detectors Act [425 ILCS 10])
"Assistant" or "child care assistant" means a person (whether a volunteer or an
employee) who assists a licensed home caregiver in the operation of the group day
care home.
"Attendance" means the total number of children under the age of 12 present at any
one time.
"Authorized representative of the Department" means the licensing representative or
any person acting on behalf of the Director of the Department.
"Background check" means:
a criminal history check via fingerprints of persons age 18 and over that are
submitted to the Illinois State Police and the Federal Bureau of Investigation
(FBI) for comparison to their criminal history records, as appropriate; and
a check of the Statewide Automated Child Welfare Information System
(SACWIS) and other state child protection systems, as appropriate, to
determine whether an individual is currently alleged or has been indicated as
a perpetrator of child abuse or neglect; and
a check of the Statewide Child Sex Offender Registry.
"Basement" means the story below the street floor where occupants must traverse a
full set of stairs, 8 or more risers, to access the street floor.
"Behavior Support Plan" means a written, planned and culturally and linguistically
appropriate schedule of action agreed upon by the program staff, parents/guardians,
and qualified professional resources assigned:
to assist a child, a family, caregivers, programs or teachers, and directors on
how the program reflects on, and modifies, the program, classroom, and
learning environment practices; and
to address the identification of serious and repeated patterns of challenging
behavior.
The behavior support plan must be fully implemented before initiating the
program transition plan.
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"CANTS" means the Child Abuse and Neglect Tracking System operated and
maintained by the Department. This system is being replaced by the Statewide
Automated Child Welfare Information System (SACWIS).
"Caregiver" means the individual directly responsible for child care.
"Challenging behavior" means any serious and repeated pattern of behavior, or
perception of behavior, that interferes with a child's ability to engage in
developmentally appropriate self-regulation and cognitive and prosocial engagement
with peers or adults.
"Children with special needs" means children who exhibit one or more of the
following characteristics, confirmed by clinical evaluation:
Visual impairment: the child's visual impairment is such that development to
full potential without special services cannot be achieved.
Hearing impairment: the child's residual hearing is not sufficient to enable
him or her to understand the spoken word and to develop language, thus
causing extreme deprivation in learning and communication, or a hearing loss
is exhibited that prevents full awareness of environmental sounds and spoken
language, limiting normal language acquisition and learning.
Physical or health impairment: the child exhibits a physical or health
impairment that requires adaptation of the physical plant.
Speech and/or language impairment: the child exhibits deviations of speech
and/or language processes that are outside the range of acceptable variation
within a given environment and prevent full social development.
Learning disability: the child exhibits one or more deficits in the essential
processes of perception, conceptualization, language, memory, attention,
impulse control or motor function.
Behavioral disability: the child exhibits an affective disability and/or
maladaptive behavior that significantly interferes with learning and/or social
functioning.
Mental impairment: the child's intellectual development, mental capacity,
and/or adaptive behavior are markedly delayed. Such mental impairment
may be mild, moderate, severe or profound.
"Conviction" means a judgment of conviction or sentence entered upon a plea of
guilty or upon a verdict or finding of guilty of an offense, rendered by a legally
constituted jury or by a court of competent jurisdiction authorized to try the case
without a jury. (Section 2-5 of the Criminal Code of 1961 [720 ILCS 5])
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"Corporal punishment" means hitting, spanking, swatting, beating, shaking, pinching,
excessive exercise, exposure to extreme temperatures, and other measures that
produce physical pain.
"Cot" means a comfortable, safe and child-sized alternative bed made of resilient,
fire retardant, sanitizable fabric that is on legs or otherwise above the floor and can
be stored to allow for air flow.
"Department" means the Illinois Department of Children and Family Services.
(Section 2.18 of the Child Care Act of 1969 [225 ILCS 10])
"Department of Public Health" or "DPH" means the Illinois Department of Public
Health.
"Discipline" means the process of helping children to develop inner controls so that
they can manage their own behavior in socially acceptable ways.
"Disinfect" means to eliminate virtually all germs from inanimate surfaces through
the use of chemicals or physical agents (e.g., heat). In the child care environment, a
solution of ¼ cup household liquid chlorine bleach added to one gallon of water (or
one tablespoon bleach to one quart of water) and prepared fresh daily is an effective
disinfectant for environmental surfaces and other objects. A weaker solution of 1
tablespoon bleach to 1 gallon of cool water is effective for use on toys, eating
utensils, etc. Commercial products may also be used.
"Extended capacity" means an addition of 4 school age children who may be
accepted in accordance with Section 408.65(c). This allows the maximum capacity
in a group day care home to reach 16.
"Family home" or "family residence" means the location or portion of a location
where the applicant and his or her family reside, and may include basements and
attics. It does not include other structures that are separate from the home but are
considered part of the overall premises, such as adjacent apartments, unattached
basements in multi-unit buildings, unattached garages, and other unattached
buildings.
"Firearm" means any device, by whatever name known, that is designed to expel a
projectile or projectiles by the action of an explosion, expansion of gas or escape of
gas; excluding, however:
any pneumatic gun, spring gun, paint ball gun, or BB gun that expels a single
globular projectile not exceeding .18 inch in diameter or that has a maximum
muzzle velocity of less than 700 feet per second;
any pneumatic gun, spring gun, paint ball gun, or BB gun that expels
breakable paint balls containing washable marking colors;
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any device used exclusively for signaling or safety and required or
recommended by the United States Coast Guard or the Interstate Commerce
Commission;
any device used exclusively for the firing of stud cartridges, explosive rivets
or similar industrial ammunition; and
an antique firearm (other than a machine gun) that, although designed as a
weapon, the Department of State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon. [430 ILCS 65/1.1]
"Gateways to Opportunity Registry" means a program administered by the
Department of Human Services to track and maintain education and training
credentials of primary caregivers and assistants that allows them to establish a profile
in the registry of their educational and training development.
"Ground level" means that a child can step directly from the exit onto the ground, a
sidewalk, a patio, or any other surface that is not above or below the ground.
"Group day care home" means a family home which receives more than 3 up to 16
children for less than 24 hours per day. The number counted includes the family's
natural, foster, or adopted children and all other persons under the age of 12.
(Section 2.20 of the Child Care Act of 1969)
"Guardian" means the guardian of the person of a minor. (Section 2.03 of the Child
Care Act of 1969)
"Infant" means a child through 12 months of age.
"Initial background check" means fingerprints have been obtained for a criminal
history check, and the individual has cleared a check of the Statewide Automated
Child Welfare Information System (SACWIS) and the Illinois Sex Offender
Registry.
"License" means a document issued by the Department that authorizes child care
facilities to operate in accordance with applicable standards and the provisions of the
Child Care Act of 1969.
"License applicant", for purposes of background checks, means the operator or
persons with direct responsibility for daily operation of the facility to be licensed.
(Section 4.4 of the Child Care Act of 1969)
"License study" means the review of an application for license, on-site visits,
interviews, and the collection and review of supporting documents to determine
compliance with the Child Care Act of 1969 and the standards prescribed by this
Part.
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Illinois Department of Children and Family Services
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"Licensed capacity" means the number of children the Department has determined
the group day care home can care for at any one time, in addition to any children
living in the home who are under the age of 12 years. Children age 12 and over on
the premises are not considered in determining licensed capacity.
"Licensing representative" means a person authorized by the Department under
Section 5 of the Child Care Act of 1969 to examine facilities for licensure.
"Licensing year", often called the anniversary year, means the period of time from
the date a group day care home license is issued until the same date of the following
year.
"Member of the household" means a person who resides in a family home as
evidenced by factors including, but not limited to, maintaining clothing and personal
effects at the household address, or receiving mail at the household address, or using
identification with the household address.
"Minor traffic violation" means a traffic violation under the laws of the State of
Illinois or any municipal authority therein or another state or municipal authority that
is punishable solely as a petty offense. (See Section 6-601 of the Illinois Driver
Licensing Law [625 ILCS 5/Ch. 6].)
"Mitigation" means those activities or processes undertaken to reduce the level of
lead in water below 2.01 ppb (parts per billion).
"Mitigation plan" means a written document prepared by a license applicant or
licensee that identifies drinking water sources that have tested at or above 2.01 ppb
for lead and the strategies and interim measures the applicant/licensee will take to
reduce the lead level to below 2.01 ppb.
"Parent" or "Parents", as used in this Part, means those persons assuming legal
responsibility for care and protection of the child on a 24-hour basis; includes
guardian or legal custodian.
"Permit" means a one-time only document issued by the Department of Children and
Family Services for a 6-month period to allow the individuals to become eligible for
a license.
"Persons subject to background checks" means:
the operators of the child care facility;
all current and conditional employees of the child care facility;
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any person who is used to replace or supplement staff; and
any person who has access to children, as defined in this Section.
If the child care facility operates in a family home, the license applicants and all
members of the household age 13 and over are subject to background checks, as
appropriate, even if these members of the household are not usually present in
the home during the hours the child care facility is in operation.
"Physician" means a person licensed to practice medicine in the State of Illinois or a
contiguous state.
"Premises" means the location of the group day care home wherein the family resides
and includes the attached yard, garage, basement and any other outbuildings.
"Preschool age" means children under 5 years of age and children 5 years old who do
not attend full day kindergarten.
"Program" means all activities provided for the children during their hours of
attendance in the group day care home.
"Program Transition Plan" means an individualized, written, and culturally and
linguistically appropriate document developed by the departing and receiving early
childhood programs, parents or primary caregivers, and qualified professional
resources detailing tasks and individual responsibilities required to prepare for and
then execute the child's move from the current program to a more appropriate
arrangement with as little negative impact and disruption as possible.
"Protected exit from a basement" means an exit that is separated from the remainder
of the group day care home by barriers (such as walls, floors, or solid doors)
providing one-hour fire resistance. The separation must be designed to limit the
spread of fire and restrict the movement of smoke.
"Qualified professional" means an individual with a recognized title such as, but not
limited to, a child's health provider, early childhood mental health consultant,
licensed clinical social worker, speech pathologist, or behavioral therapist. This
individual should have expertise in early childhood education practices, children's
behaviors, inclusion, applied behavioral analysis, infant/early childhood mental
health, or the impact of trauma.
"Repeated pattern of challenging behavior" means behaviors that do not respond to
repeated developmentally appropriate practice interventions and that result in a
disrupted learning environment for other children enrolled in the program, such as,
but not limited to, extreme tantrums, physical and verbal aggression, property
destruction, self-injury, injury to others, or withdrawal.
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"Resource personnel" means physicians, nurses, psychologists, social workers,
speech therapists, physical and occupational therapists, educators and other technical
and professional persons whose expertise is utilized in providing specialized services
to children with special needs.
"SACWIS" means the Statewide Automated Child Welfare Information System
operated by the Illinois Department of Children and Family Services that is replacing
the Child Abuse and Neglect Tracking System (CANTS).
"School age" means children 6 to 12 years of age and 5 year olds who are in full-day
kindergarten.
"Serious safety threat" is a behavior that jeopardizes the physical safety of the child
and/or his/her classmates or staff.
"Special use areas" means areas of the home that may not be included in the
measurement of the area used for child care. Special use areas include, but are not
limited to, laundry rooms, furnace rooms, bathrooms, hazardous areas, and areas off-
limits to children.
"Story" means that level of a building included between the upper surface of a floor
and the upper surface of the floor or roof next above.
"Street floor" means a story or floor level accessible from the street or from outside a
building at ground level, with the floor level at the main entrance located not more
than 4 risers above or below the ground level and arranged and utilized to qualify as
the main floor.
"Substantiated violation" means that the licensing representative has determined,
during a licensing complaint investigation or a monitoring or renewal visit, that the
licensee has violated a licensing standard of this Part or the Child Care Act.
"Swimming pool" means any natural or artificial basin of water intended for public
swimming or recreational bathing which exceeds 2'6" in depth as specified in the
Illinois Swimming Pool and Bathing Beach Act and Code (77 Ill. Adm. Code 820).
The term includes bathing beaches and pools at private clubs, health clubs, or private
residences when used for children enrolled in a child care facility.
"Temporary removals" means practices that involve removing the child from regular
participation in the program as a result of a challenging behavior. A temporary
removal should be developmentally appropriate and may only be used as a last resort
if there is a serious safety threat that cannot be reduced or eliminated by the
provision of reasonable modifications. The program must help the child return to full
participation in a group setting as soon as safety allows.
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"Wading pool" means any natural or artificial basin of water less than 2'6" in depth
that is intended for recreational bathing, water play or similar activity. The term
includes recessed areas less than 2'6" in depth in swimming pools that are designated
primarily for children.
"Water profile" means a building's water heater, source of water, and water supply
lines.
"Water source" means any faucet used to obtain water for drinking or food
preparation for day care operations. Water sources include, but are not limited to,
sinks, bathtubs, hoses, drinking fountains, bubblers, and refrigerator or freezer water
or ice dispensers.
(Source: Amended at 44 Ill. Reg. 16166, effective September 18, 2020)
Section 408.7 Effective Date of Standards (Repealed)
(Source: Repealed at 21 Ill. Reg. 4563, effective April 1, 1997)
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Section 408.10 Application for License
a) A complete application shall be filed with the Department of Children and Family
Services on forms prescribed and provided by the Department.
b) Contents of Application
1) A complete application shall include:
A) a completed, signed and dated Application for Home License;
B) a list of persons who will be working in the group day care home,
including any substitutes and assistants, and members of the
household age 13 and over;
C) completed, signed and dated authorizations to conduct the
background check for the applicant, each employee or person used to
replace or supplement staff, and each member of the household age
13 and over;
D) a completed, signed and dated Child Support Certification form;
E) documentation that the applicant meets the qualifications for a
caregiver in Section 408.45(e);
F) the names, addresses and telephone numbers of at least 3 adults not
related to the applicants, nor living in the household, who can attest to
their character and suitability to provide child care;
G) a written hazard protection plan identifying potential hazards within
the home and outdoor area accessible to the children in care. The
written plan shall address the specific hazards and the adult
supervision and physical means required to minimize the risks to
children. Conditions to be addressed include, but are not limited to,
traffic, construction, bodies of water accessible to the children, open
stairwells, and neighborhood dogs;
H) a copy of high school diploma, equivalent certificate, or degree from
a regionally accredited institution of higher education or vocational
institution;
I) proof of membership in the Gateways to Opportunity Registry by the
primary caregiver and assistants in the group day care home with all
educational credentials and pre-service training entered into the
Registry;
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J) for an initial application effective January 1, 2014 or later, proof that
the home has been tested within the last 3 years for radon, as
established by rules of the Illinois Emergency Management Agency
(32 Ill. Adm. Code 422) [225 ILCS 10/5.8]; and
K) Lead testing results and mitigation plans when required by Section
408.30(i) and (j).
2) The applicants shall have completed, not more than one year prior to the
application date, at least 15 hours of pre-service training listed in Appendix
G, which shall include the following topics for applicants and assistants who
will care for infants:
A) Sudden Infant Death Syndrome (SIDS);
B) Sudden Unexpected Infant Death (SUID);
C) Safe sleep recommendations from the American Academy of
Pediatrics;
D) Shaken Baby Syndrome; and
E) Department approved Mandated Reporter Training for all licensees
and assistants regardless of the age of children in care.
3) Applicants shall submit with their initial application a certificate of
completion of lead safety training consisting of instruction in the following
topics:
A) Mitigation plans for test results of 2.01 ppb or above; and
B) Impact of lead exposure.
c) Fire Safety Inspection
1) For initial applications of group day care homes in multi-housing units, or
single family dwellings in which care will be provided on other than ground
level, the Department shall request a fire safety inspection from the Office of
the State Fire Marshal (OSFM). OSFM shall submit its written
recommendation to the supervising agency of the group day care home and to
the applicant;
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2) The fire safety inspection on single floor homes at ground level with no
unusual or complex code considerations shall be completed following the list
of items for fire safety inspection in Appendix I by a licensing representative
trained by OSFM to conduct that fire prevention inspection;
3) Prior to Department issuance of a permit or a license, the group day care
home shall have written approval by OSFM or staff trained by OSFM,
indicating the home meets fire safety requirements.
d) Licensed group day care homes that fail to comply with all applicable local,
municipal and State regulations may be prohibited from operating.
e) The license shall be issued when the standards prescribed by this Part have been met.
Upon receipt of an application for a license, the Department shall conduct a license
study to determine if the group day care home meets licensing standards. The
licensing study shall be in writing and shall be reviewed and signed by the licensing
supervisor and the licensing representative performing the study. A license may not
be recommended without the receipt of at least three positive, written references, and
a written study signed by the licensing representative and supervisor. The applicant
shall receive a copy of the results of the on-site compliance review upon request.
f) New Applications
1) A new application shall be filed when any of the following occurs:
A) When an applicant or licensee seeks to reapply for a license after it
has been withdrawn, surrendered or denied and the applicant or
licensee seeks to reapply;
B) When there is a failure to submit a completed application within 14
days after a change of residence or location of the group day care
home;
C) When 12 months have elapsed and the applicant seeks to reapply for
a license after:
i) the Department has revoked or refused to renew a license;
ii) the previous license has been surrendered with cause; or
iii) The Department has refused to issue a full license to a permit
holder.
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2) For the application to be considered timely and sufficient, a new application
shall be completed, signed by the licensee and submitted to the supervising
agency within 30 days after the following changes:
A) When there is a change in the name of the licensee, the supervising
agency or the legal status from a social security number to Federal
Employer Identification Number (FEIN); or
B) When there is a change in the status of joint licensees, such as
separation, divorce or death.
(Source: Amended at 43 Ill. Reg. 265, effective January 1, 2019)
Section 408.15 Application for Renewal of License
a) Application forms for license renewal shall be mailed to group day care home
licensees by the Department 6 months prior to the expiration date of the license.
b) The completed application shall be signed by the licensees and submitted to the
Department at least 3 months prior to expiration of the current license, in order to be
considered timely and sufficient.
c) When a licensed group day care home seeks to change its name or location, a new
application reflecting the changes must be completed, signed by the licensees and
submitted to the Department at least 30 days prior to the effective date of the changes
for the application to be considered timely and sufficient.
d) When a licensee has made timely and sufficient application for renewal of a license
or a new license with reference to any activity of a continuing nature and the
Department fails to render a decision on the application for renewal of the license
prior to the expiration date of the license, the existing license shall continue in full
force and effect for up to 30 days until the final Department decision has been made.
The Department may further extend the period in which such decision must be made
in individual cases for up to 30 days, if good cause is shown. [225 ILCS 10/5(d)]
e) Prior to renewal, the licensee shall be current with the annual 15 hours of required
training in accordance with Appendix G that, for applicants and assistants licensed to
care for newborns and infants, shall include the following topics:
1) Sudden Infant Death Syndrome (SIDS), Sudden Unexpected Infant Death
(SUID) and safe sleep recommendations from the American Academy of
Pediatrics; and
2) Shaken Baby Syndrome.
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f) At the time of license renewal, the supervising agency shall review the fire
emergency, tornado/severe weather emergency, and hazard protection written plans.
Any revision or enhancement shall be part of the licensing renewal process. Licensed
homes that do not have a written hazard plan (see Section 408.10(b)(1)(G)) shall
develop a plan and submit it to the supervising agency prior to renewal.
g) Fire Safety Inspection
1) Fire safety inspections of homes licensed for multi-housing units or single
family dwelling in which care will be provided on other than grade level shall
be completed by OSFM or its designee;
2) Fire safety inspection of homes licensed for a single floor with no unusual or
complex code considerations shall be completed by a licensing representative
trained by OSFM;
3) The fire safety inspection shall be conducted in accordance with the
requirements of Appendix I.
h) Upon receipt of the application for license renewal, the Department shall conduct a
license study in order to determine that the group day care home continues to meet
licensing standards. The licensing study shall be in writing and shall be reviewed
and signed by the licensing supervisor and the licensing representative performing
the study. The licensees shall receive a copy of the results of the on-site compliance
review upon request.
i) For a renewal application effective January 1, 2014 or later, proof that the home has
been tested within the last 3 years for radon as established by rules of the Illinois
Emergency Management Agency (32 Ill. Adm. Code 422) [225 ILCS 10/5.8].
(Source: Amended at 40 Ill. Reg. 10808, effective July 29, 2016)
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (16)
Section 408.20 Provisions Pertaining to the License
a) The licensees shall be a primary caregiver or caregivers who reside in the family
home and meet the requirements of this Part. Further, the licensees shall be an
individual, a man and woman married to each other or 2 persons related by blood,
marriage, or adoption who reside in the family home.
b) A group day care home license is valid for three years unless revoked by the
Department or voluntarily surrendered by the licensee.
c) The number and ages of children under age 12 cared for in the group day care home
at any one time shall be in compliance with provisions in Section 408.65. Increases
in the license capacity or the ages of children served shall be with written approval of
the supervising agency.
d) The age limits specified on the license shall be observed, unless the licensee has
submitted a transition plan to the Department in accordance with Section 408.65(e)
in order to keep members of a sibling group together, and the Department has
approved the plan.
e) Child care may be provided only in those areas specified on the license.
f) The license is valid only for the family residence of the licensee and shall not be
transferred to another person or other legal entity.
g) The license shall not be valid for a name or an address other than the name and
address on the license.
h) No group day care home provider shall be licensed to provide care for more than 18
hours within a 24-hour period.
i) The license shall be prominently displayed in the home at all times.
j) There shall be no fee or charge for the license.
k) By September 1, 2012, primary caregivers and assistants employed by the group day
care home shall become members of and participate in the Gateways to Opportunity
Registry, with all educational and training credentials entered into the registry
verified in accordance with procedures and requirements adopted by the Department
of Human Services. Newly hired staff serving children shall become members of the
Gateways to Opportunity Registry within 30 days after hire.
(Source: Amended at 36 Ill. Reg. 13105, effective August 15, 2012)
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (17)
Section 408.25 Provisions Pertaining to Permits
a) A permit shall not be issued until:
1) The application for licensure has been completed and signed by the
applicants and all parts of the initial application requirements have been
submitted to the Department;
2) The background checks required by Section 408.40 have been completed and
the results of the background check have been received for the operator of the
group day care home;
3) Character references have been requested regarding the primary caregivers,
and at least 2 favorable references have been received;
4) Medical reports as required in Section 408.35(f) have been received by the
Department for all caregivers and assistants;
5) The applicant who is the primary caregiver has been certified in first aid, the
Heimlich maneuver, and infant/child cardiopulmonary resuscitation (CPR) in
accordance with Section 408.35(i);
6) A personal visit to the home by a licensing representative has been
completed. The purpose of this visit is to determine compliance with all the
licensing requirements except the requirements for remaining character
references, medical examination reports, and well water tests compliance that
may be complied with within the 6 month period covered by the permit.
However, when well water tests are required, applicants must agree to boil all
drinking and cooking water and to provide only bottled water for children
under 15 months of age until the test results are received;
7) Proof of public liability insurance as required by Section 408.35(j) (such
proof may consist of, but is not limited to, a copy of an insurance policy,
binder or certificate; or a letter from the insurance carrier);
8) Plan developed for emergency medical care as required by Section 408.70;
9) Furnishings and equipment have been acquired for the number of children to
be served during the 6 month permit period in accordance with Appendices C
and D;
10) Medical reports and character references are on file for employed staff at the
home;
11) A written fire safety inspection and approval has been completed in
accordance to Section 408.10(c); and
12) A written plan has been submitted to the licensing representative that
indicates that requirements for a license shall be met within the 6 month
permit period.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (18)
b) A permit shall not be issued retroactively.
c) A permit shall not be transferred to another person or other legal entity.
d) A permit shall not be valid for a name or address different from the name and address
shown on the issued permit.
e) A permit shall not be renewable.
f) A current permit shall be prominently displayed in the group day care home at all
times while the home is operating under a permit.
g) A license shall be issued at any time within the 6 month period covered by the permit
provided that the group day care home achieves and maintains compliance with the
Department's licensing standards.
h) The group day care home shall adhere to the provisions or restrictions specified on
the permit.
i) There shall be no fee or charge for the permit.
(Source: Amended at 40 Ill. Reg. 10808, effective July 29, 2016)
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (19)
Section 408.30 General Requirements for Group Day Care Homes
a) The physical facilities of the home, both indoors and outdoors, shall meet the
following requirements for safety to children.
1) The home shall have a first aid kit consisting of adhesive bandages, scissors,
non-permeable gloves, Poison Control Center telephone number (1-800-222-
1222 or 1-800-942-5969), thermometer, sterile gauze pads, adhesive tape,
tweezers, first aid cream and mild soap.
2) The kitchen shall be equipped with a readily accessible and operable fire
extinguisher rated for Class A, B, and C fires and a flashlight in working
order.
3) All electrical outlets that are in areas used by the day care children shall have
protective coverings. There shall be no exposed or uninsulated wiring.
4) The home shall be equipped with a minimum of one approved smoke
detector in operating condition on every floor level, including basements and
occupied attics.
A) A smoke detector in operating condition shall be within each room
where day care children nap or sleep. The detector shall be installed
on the ceiling and at least 6 inches from any wall, or on a wall
located between 4 and 6 inches from the ceiling. In addition, there
shall be at least one detector at the beginning and end of each
separate corridor or hallway 200 feet or more in length in any
occupied story.
B) In any facility constructed after December 31, 1987, or which
undergoes substantial remodeling of its structure or wiring system
after that date, the smoke detectors shall be permanently wired into
the structure's AC power line, and, if more than one detector is
required to be installed, the detectors shall be wired so that the
activation of one detector will activate all the detectors in the facility
unit. For purposes of this subsection (a)(4), "substantial remodeling"
represents more than 15 percent of the replacement cost of the group
day care home. For homes that did not have wired installation of
smoke detectors in each room prior to December 15, 2011, the
Department may allow the installation of a battery-operated smoke
detector in each room where children nap or sleep and deem the home
to be in compliance.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (20)
C) Compliance with any applicable federal, State or local law, rule or
building code which requires the installation and maintenance of
smoke detectors in a manner different from this Section, but
providing a level of safety for occupants which is equal to or greater
than that provided by this Section, shall be deemed to be compliance
with this Section. (Section 2 of the Facilities Requiring Smoke
Detectors Act [425 ILCS 10/2])
D) For homes constructed after December 15, 2011, or that underwent
substantial remodeling of structure or wiring systems after December
15, 2011, the smoke detectors shall be permanently wired into the
structure's AC power line and, if more than one detector is required to
be installed, the detectors shall be wired so that the activation of one
detector will activate all the detectors in the facility unit.
5) Carbon Monoxide Detector
A) A home that has an attached garage and/or relies on combustion of
fossil fuel for heating, ventilation, or hot water shall be equipped with
a minimum of one approved carbon monoxide detector in operating
condition within 15 feet of rooms where children nap or sleep.
B) The carbon monoxide detector may be combined with smoke detector
devices, provided that the combined unit complies with subsection
(a)(4) and this subsection (a)(5). [430 ILCS 135/10]
6) The home and indoor space shall be maintained in good repair and shall
provide a safe, comfortable environment for the children.
7) A draft-free temperature of 65ºF to 75ºF shall be maintained during the
winter months or heating season. For infants and toddlers, a temperature of
68ºF to 82ºF shall be maintained during the summer or air-conditioning
months. When the temperature in the home exceeds 78ºF, measures shall be
taken to cool the children. Temperatures shall be measured at least 3 feet
above the floor.
8) Fixed space heaters, fireplaces, radiators, and other heating sources in areas
occupied by children shall be separated by partitions or a sturdy barrier to
prevent contact. Portable space heaters may not be used in a group day care
home during the hours that child care is provided.
9) A facility in which a wood-burning stove or fireplace has been installed and
that is used during the hours that child care is provided, shall provide a
written plan of how the stove or fireplace will be used and what actions will
be taken to ensure the children's safety when in use.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (21)
10) In one and 2 family dwellings, children under 30 months of age shall be
housed and cared for on the second floor or below. In other residential
buildings, children under 30 months of age shall be housed and cared for only
in areas in which OSFM states, in writing, that the combination of remote
exits, fire detection, fire suppression, and/or automatic sprinkler systems
render the residence safe for the care of infants and toddlers.
11) No area accessible only by a ladder or folding stairs or through a trap door
shall be used for sleeping or napping.
12) When the basement area may be used for child care, 2 exits shall be provided.
A) At least one exit shall be a basement exit via a door directly to the
outside (without traversing any other level of the home) or a
protected exit from a basement via a door or stairway that allows
unobstructed travel directly to the outside of the building at street or
ground level. The stairway may not be more than 8 feet high.
B) A second exit may be a window.
i) The window shall be operable from the inside without the use
of tools and provide a clear opening not less than 20 inches in
width, 24 inches in height, and 5.7 square feet in area.
ii) If the window is used as a second exit, the bottom of the
window opening shall be no more than 44 inches above the
floor.
iii) When the bottom of the window opening used as a second
exit is more than 24 inches from the floor, there shall be a
permanently affixed, sturdy ramp or stairs located below the
window to allow speedy access in the event of an emergency.
C) If the basement area does not meet these existing requirements, the
basement may be used for child care only with the prior written
approval of OSFM.
13) All walls and surfaces shall be maintained free from lead paint and chipped
or peeling paint.
14) Walls of rooms that children use shall be free of carpeting, fabric or plastic
products. Inflammable or combustible artwork attached to the walls shall not
exceed 20% of any wall area.
15) Furniture and equipment shall be kept in safe repair.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (22)
16) First aid supplies, medication, cleaning materials, poisons, sharp scissors,
plastic bags, sharp knives, cigarettes, matches, lighters, flammable liquids,
and other hazardous materials shall be stored in places inaccessible to
children. Hazardous items for infants and toddlers also include items that can
cause choking, including but not limited to: coins, balloons, safety pins,
marbles, Styrofoam (trademark) and similar products, and sponge, soft rubber
or soft plastic toys that can be bitten or broken into small pieces.
17) Tools and gardening equipment shall be stored in locked cabinets, if possible,
or in places inaccessible to all children.
18) An operable telephone shall be available on the premises of the licensee. The
number of the Poison Control Center (1-800-222-1222 or 1-800-942-5969)
and other emergency numbers shall be posted in an area that is readily
available in an emergency.
19) Free hanging cords on blinds, shades and drapes shall be tied or otherwise
kept out of reach of children.
20) Effective January 1, 2013, the home shall be tested for radon at least once
every 3 years. The most current radon measurements shall be posted next to
the license in the home, on a form provided by the Department containing the
required informative statement from Section 5.8(d) of the Child Act of 1969
[225 ILCS 10].
b) Escape routes from the group day care home shall be designed and maintained for
swift and safe exiting in the event of an emergency.
1) All corridors and escape routes from the group day care home shall be kept
clear of obstructions.
2) Dead-end paths or corridors within the group day care home shall be a
maximum of 20 feet in length.
3) All escape routes from the group day care home shall have operable lighting.
The lighting shall be activated during any hours of operation when natural
lighting is reduced to a level that prohibits visibility within the escape route.
4) Bathroom doors in areas accessible to day care children shall allow staff to
open the door from the outside of the bathroom if necessary.
5) All closet doors shall be able to be opened from inside of the closet without
the use of a key.
6) There shall be no more than 2 releasing devices (door knobs, hand-operated
deadbolts, thumb-turn locks, etc.) on any exit door or exit window.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (23)
7) Exit doors and exit windows shall be operable without the use of a key, a tool
or special knowledge to open the door from the inside and exit to the outside.
8) Exit doors and exit windows shall be kept clear of equipment and debris at all
times.
9) The licensee shall hold monthly fire safety inspections of the group day care
home.
10) The licensee or staff in the home shall inspect the group day care home daily,
prior to arrival of children, ensuring that escape routes are clear and that exit
doors and exit windows are operable.
11) A log of these monthly and daily inspections shall be maintained for at least
one year, and shall be available for review by the licensing representative.
The log shall reflect, at minimum, the date and time of each inspection and
the full name of the person who conducted it.
c) The licensee shall identify those areas in the home used for child care. The identified
areas minus any special use areas shall be measured to calculate the square footage
available for child care. There shall be:
1) A minimum of 35 square feet of floor space for each child in care; and
2) An additional 20 square feet of floor space for each child under 30 months of
age when the play area is the same as the sleep area. However, if portable
bedding is used for napping, then removed, the licensing representative shall
approve the use of only 35 square feet of space for each child if the
applicant/licensee has adequate storage space for the bedding materials and
the bedding materials are removed before and after nap time.
d) No person may smoke tobacco in any area of the group day care home in which day
care services are being provided to children, while those children are present on the
premises. In addition, no person may smoke tobacco while providing transportation,
in either an open or enclosed vehicle, to children who are receiving child care
services. Nothing in this subsection prohibits smoking in the home in the presence of
a person's own children or in the presence of children to whom day care services are
not then being provided. [225 ILCS 10/5.5]
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (24)
e) Indoor space shall consist of a clean, comfortable environment for children.
1) The group day care home shall be well-ventilated, free from observable
hazards, properly lighted and heated, and free of fire hazards.
2) The dwelling shall be kept clean, sanitary, and in good repair.
3) There shall be provision for isolating a child who becomes ill or who is
suspected of having a communicable, infectious or contagious disease.
4) When used for child care, floors shall have protective covering such as, but
not limited to, tile, carpet or linoleum. Paint or sealer alone is not acceptable
as a protective covering.
5) When children under 30 months of age are in care, stairs leading to second
levels, attics or basements shall be fitted with a sturdy gate, door or other
barrier to prevent the children's access to the stairs without adult supervision.
Such a barrier shall be moveable enough so as not to impede evacuation, if
necessary.
f) The kitchen shall be clean, equipped for the preservation, storage, preparation and
serving of food, and reasonably safe from hazards.
g) Garbage and refuse containers used to discard diapering supplies, food products or
disposable meal service supplies in areas for child care shall be disinfected daily
unless plastic liners are used and disposed of daily.
h) A safe and sanitary water supply shall be maintained. If a private water supply is
used instead of an approved public water supply, the applicant shall supply written
records of current test results indicating the water supply is safe for drinking. New
test results must be provided prior to renewal of license. If nitrate content exceeds 10
pp, bottled water must be used for children under 15 months of age.
i) Any group day care home currently licensed as of January 1, 2019 shall submit a
survey provided by its day care licensing office that includes the construction date of
the home. The construction date for new day care home applicants is captured on the
CFS 597-DCI form.
j) Any group day care home serving children under 6 years of age housed in a building
constructed on or before January 1, 2000 shall be subject to lead in water testing by
an IEPA laboratory or an IEPA-certified laboratory. A current list of certified
laboratories can be obtained by contacting the Day Care Information Line at 1-877-
746-0829, or can be accessed online through
https://sunshine.dcfs.illinois.gov/Content/Licensing/LeadTesting.aspx. Water
sampling guidelines followed by certified laboratories may also be accessed through
this link. Test results and mitigation plans, when required, shall be submitted to the
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (25)
local licensing office within 120 days after notification of test results of 2.01 ppb or
above.
1) All lead in water test results (at, above or below 2.01 ppb) shall be posted in
the home in a visible location and submitted by the applicant or licensee
directly to his or her local licensing office;
2) A mitigation plan shall be made available to parents and submitted to the
local licensing office if test results indicate the presence of lead for each
drinking water source with a result of 2.01 ppb or above and shall specify:
A) Interim measures the applicant/licensee will take to ensure a safe
drinking water supply during mitigation;
B) Mitigation plan start and planned completion dates;
C) Retesting dates, to include one test to occur no later than six months
following the completion of the mitigation plan and a second test no
later than one year after the completion of the mitigation plan;
D) Each drinking water source that tested at 2.01 ppb or above and the
planned mitigation activity for each source. Examples of acceptable
mitigation strategies include, but are not limited to, installation of
mechanical flushing devices, replacement of lead-based lines or
fixtures, or reverse osmosis filters installed at affected drinking water
fixtures; and
E) In extenuating circumstances in which mitigation cannot be readily
undertaken (e.g., lead in the municipal water source), alternative
external sources of water that tests below 2.01 ppb, such as bottled
water with that test result, may be used subject to Department
approval.
3) Following successful mitigation that results in two consecutive tests below
2.01 ppb, further testing is only required if there has been any change to the
water profile of the building, including, but not limited to, replacement of the
hot water heater, change in the water source, or change to, or replacement of,
the water service lines.
4) The Department reserves the right to require testing upon suspicion of the
group day care home misrepresenting the construction date of the building,
submitting false or altered testing results, failing to follow mitigation
remedies, or committing other actions that may compromise the health and
welfare of children. Any group day care home that fails to insure testing and
reasonable mitigation action when necessary may be subject to enforcement
action, up to and including revocation of, or refusal to renew, the license.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (26)
k) Hot and cold running water shall be provided. When children under age 10 or who
are developmentally disabled are cared for, the maximum hot water temperature from
all faucets of sinks designated for children washing hands shall be no more than 115°
Fahrenheit. Caregivers shall always test the hot water before allowing children less
than 5 years of age to use the water.
l) The group day care home shall provide one toilet for each 10 persons or portion
thereof who are present during the hours the group day care home is in operation.
These 10 persons include caregivers, child care assistants, members of the household
and children other than those under 30 months of age for whom a potty chair is
provided.
m) There shall be a minimum of 75 square feet of outdoor space per child for the total
number of children using the area at any one time. At least 25% of the required
space shall be on the premises of the group day care home. The remainder may be a
public park, playground or other outdoor recreation area within walking distance
(1000 feet) of the group day care home provided the caregiver or an adult assistant
accompanies children to this outdoor area.
n) There shall be safe outdoor space for active play.
1) Space shall be provided for play in yards, nearby parks or playgrounds under
adult supervision.
2) Space shall be protected by physical means (e.g., fence, tree line, chairs,
ropes, etc.) against all water hazards, including, but not limited to, pools,
ponds, standing water, ornamental bodies of water, and retention ponds,
regardless of the depth of the water, and by adult caregiver supervision at
times when children in care are present. Other hazards, such as, but not
limited to, heavy traffic and construction, shall be inaccessible to children in
care through a physical barrier and adult supervision. Further, outdoor space
shall be partitioned or supervised in such a manner that young children are
not endangered by the activities of older children.
3) Play areas shall be well drained and safely maintained.
4) All pieces of outdoor equipment used by children 5 years of age and younger
on the day care premises that is purchased or installed on or after April 1,
2001 shall meet the following standards to guard against entrapment or
situations that may cause strangulation.
A) Openings in exercise rings shall be smaller than 4½ inches or larger
than 9 inches in diameter.
B) There shall be no openings in a play structure with a dimension
between 3½ inches and 9 inches (except for exercise rings). Side
railings, stairs and other locations that a child might slip or climb
through shall be checked for appropriate dimensions.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (27)
C) Distances between vertical slats or poles, where used, must be 3½
inches or less (to prevent head entrapment).
D) No opening shall form an angle of less than 55 degrees unless one leg
of the angle is horizontal or slopes downward.
E) No opening shall be between ⅜ inch and one inch in size (to prevent
finger entrapment).
5) The use of a trampoline by children in care is prohibited.
6) In-ground swimming pools located in areas accessible to children shall be
fenced. The fence shall be at least 5 feet in height and secured by a locked
gate. Group day care homes that are licensed or have a permit on April 1,
2001 and are in compliance with the requirement for a 3½ foot fence shall be
considered in compliance with the fence requirement.
7) All above-ground pools shall have non-climbable sidewalls that are at least 4
feet high or shall be enclosed with a 5 foot fence that is at least 36 inches
away from the pool's side wall and secured with a locked gate. When the pool
is not in use, steps shall be removed from the pool or otherwise protected to
insure the pool cannot be accessed. Group day care homes that are licensed
or have a permit on April 1, 2001 and are in compliance with the requirement
for a 3½ foot fence shall be considered in compliance with the fence
requirement.
8) Portable wading pools shall be emptied daily and disinfected before being
air-dried.
9) All hot tubs shall have securely locked covers or otherwise be inaccessible to
children.
10) Children shall be closely supervised by the caregiver when public parks or
playgrounds are used for play, during play and while traveling to and from
the area.
11) Supervision shall be provided during outdoor play by caregivers who meet
the requirements of Section 408.45.
o) A caregiver who relies upon outdoor space shared with other residents in a multiple
family dwelling shall have a written agreement with the other residents or the owners
of the outdoor area authorizing the use of the space by the group day care home and
the children cared for.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (28)
p) Insect and rodent control shall be maintained.
1) All outside doors except those with operable self-closing devices, operable
windows, and other openings used for ventilation shall be screened.
2) Chemicals for insect and rodent control shall be applied in minimum amounts
and shall not be used when children are present. Over-the-counter products
may be used only according to package instructions. Commercial chemicals,
if used, shall be applied by a licensed pest control operator and shall meet all
standards of the Department of Public Health (Structural Pest Control Code,
77 Ill. Adm. Code 830). A record of any pesticides used shall be maintained.
q) Healthy household pets that present no danger to children are permitted.
1) A licensed veterinarian shall certify that the animals are free of diseases that
could endanger the children's health and that dogs and cats have been
inoculated for rabies.
2) If certification is not available, animals shall be confined at all times in an
area inaccessible to children.
3) There shall be careful supervision of children who are permitted to handle
and care for the animals.
4) Immediate treatment shall be available to any child who is bitten or scratched
by an animal.
5) The presence of monkeys, ferrets, turtles, iguanas, psittacine birds (birds of
the parrot family) or any wild or dangerous animal is prohibited in areas
accessible to children during the hours the group day care home is in
operation. Wild and dangerous animals include, but are not limited to,
venomous and constricting snakes, undomesticated cats and dogs, raccoons,
and other animals determined to be dangerous by local public health
authorities.
r) The Department shall request that the Illinois Department of Public Health or a local
health department authorized by it and/or the Office of the State Fire Marshal or the
local fire department authorized by it inspect the group day care home and its
premises whenever the Department has reason to believe that conditions in the home
or its premises pose potential health or safety hazards to the children cared for in the
home.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (29)
s) Written emergency preparedness plans shall be developed and shall specify the
actions to be taken in the event of a fire, tornado or other emergency. All caregivers
and assistants in the group day care home shall be familiar with these plans. The
emergency preparedness plans shall include, but are not limited to:
1) A fire evacuation plan identifying exits from each area used for child care
and specifying the evacuation route.
2) A fire evacuation plan identifying a safe assembly area outside of the home.
It shall also identify a nearby indoor location for post-evacuation holding if
needed.
3) A fire evacuation plan requiring that the home be evacuated immediately and
the children's safety insured before calling the local emergency number 911
or attempting to combat the fire.
4) Monthly fire drills to be conducted for the purpose of removing children from
the group day care home as quickly as possible during an emergency.
5) Monthly tornado drills to be conducted for the purpose of getting children
accustomed to moving to a position of safety in event of a tornado. The
alphabetic card file required by Section 408.120(a)(2) shall accompany the
caregiver during the drills.
6) A tornado plan specifying actions that will be taken in the event of tornado or
other severe weather warning, including designation of those areas of the
group day care home to be used as safe spots.
7) Specific procedures for notifying parents if evacuation is necessary and how
they will be reunited with their children.
8) Specific procedures for evacuating children who are less than 30 months of
age and/or for evacuating special needs children, when applicable.
t) Fire and tornado drills shall be documented and that documentation shall be
maintained on file for a period of 3 years. The licensee shall hold monthly fire safety
inspections of the group day care home and maintain documentation on file for a
period of 1 year.
u) Handguns are prohibited on the premises of the group day care home except in the
possession of peace officers or other adults who must possess a handgun as a
condition of employment and who reside in the group day care home. . The licensee
shall post a "no firearms" sign, as described in Section 65(d) of the Firearm
Concealed Carry Act [430 ILCS 66/65(d)] in a visible location where parents pick up
children.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (30)
v) Any firearm, other than a handgun in the possession of a peace officer or other
person as provided in subsection (s), shall be kept in a disassembled state, without
ammunition, in locked storage in a closet, cabinet, or other locked storage facility
inaccessible to children.
1) Ammunition for such firearms shall be kept in locked storage separate from
that of the disassembled firearms, inaccessible to children.
2) The operator of the group home shall notify the parents or guardian of any
child accepted for care that firearms and ammunition are stored on the
premises. The operator shall also notify the parents or guardian that such
firearms and ammunition are in locked storage inaccessible to children
(Section 7 of the Child Care Act of 1969 [225 ILCS 10/7]. The notification
need not disclose the location where the firearms and ammunition are stored.
w) A group day care home operator relying upon a cooperative or lending arrangement
to meet the equipment requirements of this Part shall provide a copy of a written
agreement specifying which equipment required by this Part is covered by the
agreement. Further, the operator shall demonstrate to the satisfaction of the
Department that the equipment covered by the agreement is both available and
utilized by the group day care home as required by this Part.
x) Operation of other business on the premises must not interfere with the care of
children.
y) A group day care home may not house bedridden or chronically ill persons except by
permission of the Department. The Department shall grant such permission unless
the person has a reportable contagious or communicable disease or requires care that
adversely affects the ability of the caregiver to supervise children.
z) A group day care home shall have certification that all cribs used by the group home
meet or exceed the federal safety standards in 16 CFR 1219 or 1220 (2011). This
certification from the manufacturer shall be available for inspection by the licensing
representative. In the absence of a manufacturer's certificate, proof that the crib was
manufactured on or after June 28, 2011 will meet the required standard.
(Source: Amended at 43 Ill. Reg. 265, effective January 1, 2019)
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Illinois Department of Children and Family Services
Rules 408 – (31)
Section 408.35 General Requirements for Group Day Care Home Family
a) Each person subject to background checks, as defined in Section 408.5, shall
authorize the background check required by 89 Ill. Adm. Code 385 (Background
Checks) and be cleared in accordance with the requirements of Part 385.
b) When notified by the Department that an employee, member of the household or
other person in frequent contact with children at the facility is the subject of a formal
investigation for child abuse or neglect pursuant to the Abused and Neglected Child
Reporting Act [325 ILCS 5], the licensee shall take reasonable action to insure that
the employee or other person is restricted from contact with children whose care has
been entrusted to the facility during the pending investigation. Such reasonable
action includes, but is not limited to, barring or removing the person from the facility
or assuring that another adult is always present when the subject of the investigation
is in contact with children.
c) The licensee shall be present in the home when children are in attendance unless a
qualified substitute caregiver, per Section 408.55, is present.
d) Licensees and other adult members of the household in contact with group day care
children shall be stable, law abiding, responsible, mature individuals.
e) Members of the household who have contact with the children in care shall treat
them with respect, courtesy, and patience.
f) The caregivers and all members of the household shall provide medical evidence that
they are free of communicable disease that may be transmitted while providing child
care; and, in the case of caregivers, that they are free of physical or mental conditions
that could interfere with child care responsibilities. The medical report for the
caregivers shall be valid for 3 years.
g) Caregivers and members of the household shall have a tuberculin skin test
administered by the Mantoux method in accordance with the rules of the Department
of Public Health (77 Ill. Adm. Code 690.720).
h) Should the caregivers or any member of the household be diagnosed as having a
communicable disease for which isolation is required by the Department of Public
Health (IDPH) or local health department, the group day care home shall not provide
child care until notified by the public health agency that the infectious period has
elapsed and that child care may resume. Further, if a child care assistant or substitute
who does not reside in the group day care home has been diagnosed as having a
communicable disease for which isolation is required, that person shall be barred
from the home until the presence of such person is authorized by the IDPH or the
local health department.
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Illinois Department of Children and Family Services
Rules 408 – (32)
i) During hours of operation of the group day care home, there shall be at least one
person on the premises certified in first aid, the Heimlich maneuver and
cardiopulmonary resuscitation (CPR) by the American Red Cross, the American
Heart Association or other entity approved by the Illinois Department of Public
Health. CPR certification shall be for the age range of children in care. The
caregivers shall have on file current certificates attesting to the training.
j) The operators of the group day care home shall carry public liability insurance in the
single limit minimum amount of $100,000 per occurrence.
k) Persons, including members of the household, counted in the staff-to-child ratio
required by Section 408.65 must be present, awake and free from responsibilities
other than those directly related to the care and supervision of children when children
are present, except as allowed by Section 408.115 for night care. Responsibilities
that are directly related to the care and supervision of children may include light
housekeeping to maintain the areas wherein child care is provided.
l) Caregivers, assistants and other persons shall not consume alcohol in the presence of
children. A caregiver or child care assistant who appears to be under the influence of
alcohol or other drug shall not have responsibility of the care of children.
m) If the group day care home receives children for night-time care, the caregiver may
sleep while children are present if the caregiver and the children sleep on the same
floor (level) of the residence and the children's bedrooms are within hearing distance
of the caregiver's bedroom.
n) No person shall smoke tobacco in the group day care home while services are being
provided to children. In addition, no person shall smoke tobacco while providing
transportation, in either an open or enclosed motor vehicle, to children who are
receiving child care services (see PA 95-17 and 225 ILCS 10/5.5).
o) The licensee shall successfully complete a Department approved basic course of 6 or
more clock hours in providing care to children with disabilities. Refer to Appendix
G for basic course requirements. The licensee shall have on file a certificate attesting
to the successful completion of the training.
1) Current license holders shall complete this training within 36 months from
November 15, 2003.
2) New licensees shall complete this training within 36 months from the issue
date of the initial license.
3) A licensee who has completed training prior to November 15, 2003
may have that training approved as meeting the provisions of this Section. A
certificate of training completion and a description of the course content must
be submitted to the Department for approval.
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Illinois Department of Children and Family Services
Rules 408 – (33)
p) Any children under age 12 living in the home who are receiving home schooling
shall be counted in the maximum of 12 children in Section 408.65(a) and (b), unless
another parent or caregiver is providing the schooling apart from the day care area
and the caregiver has no responsibility for the care or supervision or schooling of the
children during the hours home day care is provided.
(Source: Amended at 36 Ill. Reg. 13105, effective August 15, 2012)
Section 408.40 Background Checks
a) No individual may receive a license from the Department when the applicant, a
member of the household age 13 and over, or any individual who has access to
children cared for in a group day care home, or any employee of the group day care
home, has not authorized the background check required by 89 Ill. Adm. Code 385,
Background Checks and been cleared in accordance with the requirements of Part
385.
b) Employees subject to background checks may begin employment on a conditional
basis while awaiting the results of the background check. Such employees may not
be alone with children until the results of the initial background check have been
received.
c) Persons who have been the perpetrator of certain types of child abuse or neglect or
who have committed or attempted to commit certain crimes may not be licensed to
operate a group day care home, be a member of the household of a family home in
which a group day care home operates, or be an employee or volunteer in a group
day care home. These allegations/criminal convictions are listed in Appendix E of
this Part.
d) Group day care homes shall be responsible for ensuring that persons subject to
criminal background checks make themselves available for fingerprinting when
scheduled by the Department or its authorized representative(s). Failure of a person
subject to criminal background checks to appear for scheduled fingerprinting may
result in the denial of a license application or refusal to renew or revocation of an
existing license unless the child care facility can demonstrate that it took reasonable
measures to insure cooperation with the fingerprinting process. 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 emergency.
e) As a condition of licensure, each licensee or license applicant must certify under
penalty of perjury that he or she is current or 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]
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Illinois Department of Children and Family Services
Rules 408 – (34)
f) If the licensee(s) or license applicant(s) acknowledge that they are currently more
than 30 days delinquent in complying with an order for child support or, upon
completion of the background check, the licensee(s) or license applicant(s) are found
to be delinquent despite their certification, the Department shall deny the application
for license, refuse to renew the license, or revoke the license unless the licensee(s) or
license applicant(s) arrange for payment of past due and current child support and
pay child support in accordance with that agreement.
(Source: Amended at 21 Ill. Reg. 4563, effective April 1, 1997)
Section 408.45 Caregivers
a) The caregiver is responsible for the day-to-day operation of the group day care home
in accordance with the standards prescribed in this Part.
b) The caregiver or a designated child care assistant meeting the requirements of this
Section shall be at the group day care home at all times that the group day care home
is in operation, except when transporting children or accompanying them on field
trips.
c) The caregivers in a group day care home shall be at least 21 years of age.
d) The caregivers shall have a high school diploma or equivalency certificate.
e) In addition to meeting the requirements of Sections 408.35 and 408.40 the caregiver
in a group day home shall have achieved:
1) One year (1560 clock hours) child development experience in a licensed day
care home, nursery school, kindergarten, or licensed day care center plus 6
semester or equivalent quarter hours in courses related directly to child care
and/or child development from an accredited college or university;
2) One year (30 semester hours or 45 quarter hours) of credit from an accredited
college or university with 6 semester or equivalent quarter hours related
directly to child care and/or child development; or
3) Completion of a credentialing program approved in accordance with
Appendix F.
f) The caregivers shall complete 15 clock hours of in-service training per licensing year
in accordance with the requirements in Appendix G.
1) The training may be derived from programs offered by any of the entities
identified in Appendix G.
2) Courses or workshops to meet this requirement include, but are not limited
to, those listed in Appendix G.
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Illinois Department of Children and Family Services
Rules 408 – (35)
3) Licensees shall submit to the local licensing office a certificate of completion
of lead safety training consisting of instruction in the following topics:
A) Mitigation plan strategies for test results of 2.01 ppb or above; and
B) Impact of lead exposure.
g) Caregivers obtaining clock hours of training in excess of the required 15 clock hours
per year may apply up to 5 clock hours to the next year's training requirements.
h) The records of the group day care home shall document the continuing education in
which the caregiver has participated, and these records shall be available for review
by the Department.
i) Through interaction with the licensing representative, children, parents or guardian of
children in care and operation of the group day care home in accordance with
standards prescribed by this Part, caregivers shall exhibit competence in the
following specific areas:
1) Knowledge of basic hygiene, safety, and nutrition;
2) The ability to relate comfortably with parents and to communicate with them
on differences in caregiving methods, values, and goals;
3) The ability to communicate with children;
4) The ability to set realistic controls for children and to enforce these without
harshness or physical abuse;
5) Knowledge of the children's need to explore and manipulate and the
willingness to provide and maintain a home where children can enjoy living
and learning; and
6) Using developmentally appropriate behavior management techniques that do
not constitute corporal punishment of children.
j) The caregivers shall be responsible for the planning and supervision of the program
and activities of the children; orienting child care assistants and substitutes to the
operation of the group day care home; on-site supervision of child care assistants;
and in-service training totaling a minimum of 15 clock hours per year for the child
care assistants. Orientation and training may be provided by the primary caregivers
or outside resource persons and shall include recognizing and reporting child abuse
or neglect, licensing standards prescribed by this Part, first aid, health and sanitation,
fire prevention and safety procedures, special health, developmental, or nutritional
needs of children cared for in the group day care home.
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Illinois Department of Children and Family Services
Rules 408 – (36)
k) The caregivers may not work or be employed outside the home during the hours that
child care is being provided. This restriction does not apply to spouses qualifying as
caregivers, provided one of them is in the home during the hours that child care is
being provided. Outside employment during hours that child care is not being
provided shall not interfere with child care.
l) The caregiver shall be awake, alert, and able to supervise the children when
providing care, except as allowed by Section 408.115.
(Source: Amended at 43 Ill. Reg. 265, effective January 1, 2019)
Section 408.50 Child Care Assistants
a) Assistants shall have passed the background check requirements in Section
408.40(a).
b) Part-time assistants shall be at least 14 years of age and 5 years older than the oldest
child they supervise. Minor assistants shall be employed in accordance with 56 Ill.
Adm. Code 250 (Illinois Child Labor Law).
c) Full-time assistants shall be at least 18 years of age.
d) Assistants under age 18 shall work under the direct, personal supervision of the
caregiver at all times. Direct, personal supervision means the caregiver maintains
audible or visual contact with the assistant and children on the premises at all times.
e) An assistant 18 years of age or older may accompany children playing outdoors and
may transport children if the assistant presents a valid driver's license for the vehicle
classification that is being used to transport children and insurance.
f) The assistants shall be compatible with the caregiver, capable of following
directions, and responsive to supervision.
g) The child care assistants shall be able to relate well with children.
h) Assistants shall provide medical evidence that they are free of reportable
communicable disease and physical or mental conditions that could interfere with
child care responsibilities. The medical report shall be valid for three years.
(Source: Amended at 25 Ill. Reg. 5281, effective April 1, 2001)
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (37)
Section 408.55 Substitutes
a) A substitute caregiver may be used in the home up to 25 child care hours per month
and for an additional period not to exceed 2 weeks in a 12 month period. The
supervising agency may approve additional time for family emergencies, medical
reasons, and continuing education when the substitute to be used during these periods
meets the qualifications in Section 408.45. The substitute caregiver's work time shall
be documented.
b) A substitute caregiver shall be at least 21 years of age.
c) A person who functions as a substitute caregiver on a regular or scheduled basis shall
meet the requirements of Sections 408.35 and 408.40.
d) The parents of children in care and the Department shall be notified of any
substitution which occurs on a regular or scheduled basis or where in the caregiver is
absent from the home for more than 24 consecutive hours during which children are
in care.
e) The caregiver shall have on file the names, addresses, and telephone numbers of
additional adults who would be available to assist in the home in an emergency.
f) The caregiver shall have a plan worked out and understood by the parents in case the
caregiver is ill or absent from the home due to an emergency.
(Source: Amended at 27 Ill. Reg. 19232, effective December 15, 2003)
Section 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).
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (38)
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 report to 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.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (39)
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;
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Illinois Department of Children and Family Services
Rules 408 – (40)
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.
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Illinois Department of Children and Family Services
Rules 408 – (41)
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.
(Source: Amended at 44 Ill. Reg. 16166, effective September 18, 2020)
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Illinois Department of Children and Family Services
Rules 408 – (42)
Section 408.65 Number and Ages of Children Served
Appendix H includes a chart of the number and ages of children who can be served.
a) A Caregiver Alone
1) The maximum number of children under the age of 12 cared for in a group
day care home by a caregiver alone shall be 8 except when all the children
are school age. The maximum number includes the caregiver's own children,
related children and unrelated children under age 12 living in the home.
When determining capacity, the home must meet square footage
requirements listed in Section 408.30(c).
2) A caregiver alone may care for children in accordance with the following age
groupings:
A) A mixed age group consisting of:
i) Up to 8 children under 12 years of age, of which
ii) Up to 5 children may be under 5 years of age, of which
iii Up to 3 children may be under 24 months of age; or
B) A mixed age group consisting of:
i) Up to 8 children under 12 years of age, of which
ii) Up to 6 children may be under 5 years of age, of which
iii) Up to 2 children may be under 30 months of age; or
C) Up to 8 pre-school children if no child is under age 3; or
D) Up to 12 school age children as defined by Section 408.5.
b) A Caregiver and an Assistant 18 Years of Age or Older
The maximum number of children under the age of 12 cared for in a group day care
home by a caregiver and one assistant 18 years of age or older who meets the
qualifications listed in Section 408.50 shall be 12. The maximum number includes
the licensee's own children, related children and unrelated children under age 12
living in the home. When determining capacity, the home must meet square footage
requirements listed in Section 408.30(c). The caregiver and assistant 18 years of age
or older may care for children in accordance with the following age groupings:
1) 12 children between 3 and 6 years of age. The assistant must be present when
more than 8 such children are present; or
2) A mixed age group consisting of:
A) No more than 12 children under 12 years of age of which
B) No more than 6 children may be under 30 months of age, of which
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Illinois Department of Children and Family Services
Rules 408 – (43)
C) No more than 4 children may be under 15 months of age.
c) Extended Capacity
A caregiver and two assistants who meet the qualifications in Section 408.50 may
care for four additional children, for a total capacity of up to 16 children. When
determining capacity, the home must meet square footage requirements listed in
Section 408.30(c). The caregiver and two assistants may care for children in
accordance with the following age groupings:
1) A caregiver and two assistants shall be present at all times when there are
more than 12 children in the home.
2) When a caregiver, a full-time assistant (age 18 and older), and a part-time
assistant (as described in Section 408.50 (b)) are present, care may be
provided for four additional school-age children. The care of school-age
children is limited to children who attend school full-time, before and/or after
school, when school is not in session, and when the provider's own school-
age children come home sick.
3) Through July 1, 2025, when a caregiver and two adult assistants (age 18 and
older) who meet the requirements listed in Section 408.50 are present, care
may be provided for two additional children who are 30 months of age or
older, as well as two additional children who are attending school full-time.
A) The care of school-age children is limited to those times listed in
Section 408.65(c)(2).
B) Both adult assistants shall be present at all times when providing care
for two additional children who are 30 months of age or older.
4) When a licensee or permit holder has been granted the extended capacity of
four additional children in writing, the licensee's own full-time school-age
children shall be counted in the additional school-age children when there are
more than 12 children in care, and two qualified assistants are present.
5) The total capacity of the group home with an approved extended capacity
shall not exceed 16 children.
d) The maximum number of children receiving night care shall be 12 children and
groupings shall be consistent with subsections (a) and (b).
e) In the event of a brief unforeseen school closing, the licensee may accept one
additional school-age child and still be considered in compliance with the capacity
requirements, as long as the total number of children under age 12 in the home does
not exceed the maximum of 16 children. The licensee shall maintain a record of the
dates, names and ages of the children for whom this care was provided.
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Illinois Department of Children and Family Services
Rules 408 – (44)
f) When acceptance of siblings of children who are already in care will place the
licensee out of compliance with the established age groupings, the licensee may
develop a transition plan that shall be submitted to the licensing representative for
review and approval. The plan may be approved when:
1) The licensee is not currently operating under a transition plan and is in full
compliance with all the licensing standards;
2) At least one of the siblings has been in care for 30 days or more; and
3) The transition plan will bring the home back into compliance with the
established age groupings within 6 months after the date the plan is approved.
(Source: Amended at 48 Ill. Reg. 5963, effective April 3, 2024)
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Illinois Department of Children and Family Services
Rules 408 – (45)
Section 408.70 Health, Medical Care and Safety
a) A medical report, on forms prescribed by the Department, shall be on file for each
child, on the first day of care, and shall be dated no earlier than 6 months prior to
enrollment.
1) The medical report shall be valid for 2 years, except that subsequent
examinations for school-age children shall be in accordance with the
requirements of Section 27-8.1 of the School Code [105 ILCS 5/27-8.1],
provided copies of the exam are on file at the facility.
2) If the child is in a high risk group, as determined by the examining physician,
a tuberculin skin test by the Mantoux method and the results of that test shall
be included in the initial examination for all children who have attained one
year of age, or at the age of one year for children who are enrolled before
their first birthday. The tuberculin skin test by the Mantoux method shall be
repeated when children in high risk groups begin elementary and secondary
school.
3) The initial examination shall show that children from 6 months through 6
years of age have been screened for lead poisoning for children residing in an
area defined as high risk by the Illinois Department of Public Health in its
Lead Poisoning Prevention Code (77 Ill. Adm. Code 845) or that a lead risk
assessment has been completed for children residing in an area defined as
low risk by the Illinois Department of Public Health.
4) The report shall indicate that the child has been immunized as required by the
rules of the Illinois Department of Public Health for immunizations (77 Ill.
Adm. Code 695). These required immunizations are poliomyelitis, measles,
rubella, diphtheria, mumps, pertussis, tetanus, hepatitis B, haemophilus
influenza B, and varicella (chickenpox) or provide proof of immunity
according to requirements in Part 695.50 of the Department of Public Health.
5) In accordance with the Child Care Act of 1969, a parent may request that
immunizations, physical examinations, and/or medical treatment be waived
on religious grounds. A request for such waiver shall be in writing, signed by
the parent, and kept in the child's record.
6) Exceptions made for children who for medical reasons should not be
subjected to immunizations or tuberculin tests shall be so indicated by the
physician on the child's medical form.
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Rules 408 – (46)
b) A child suspected of having or diagnosed as having a reportable infectious,
contagious, or communicable disease for which isolation is required by the Illinois
Department of Public Health's General Procedures for the Control of Communicable
Disease (77 Ill. Adm. Code 690.1000) shall be excluded from the home until the
Illinois Department of Public Health or local health department authorized by it
states, in writing, that the communicable, contagious or infectious stage of the
disease has passed and that the child may be re-admitted to the group day care home.
c) Necessary medications shall be administered according to specific written
instructions from the child's parents or guardians.
1) Prescription medicine labels must bear the child's name, the physician's
name, the name of the drug store or pharmacy, prescription number, date of
the prescription, and directions for administering.
2) Nonprescription medication provided by the parents may be administered
upon written parental permission that specifies the duration and frequency of
medication. Such medication shall be administered in accordance with
package instructions, and shall be labeled with the child's name and dated.
3) There shall be a signed statement by the child's parent or guardian giving
permission to the caregiver to administer medication to the child.
4) The caregiver shall maintain a record of the dates, hours and dosages that are
given.
5) Medication shall be returned to the parents when it is no longer required.
Additionally, medication provided for a child no longer cared for in the
facility and medication that has reached its expiration date shall be destroyed.
6) Medical services, such as direct medical care to the child, shall be
administered as required by a physician, subject to the receipt of appropriate
releases from parents.
d) Personal hygiene standards, such as the following, shall be observed:
1) Each child shall be provided with an individual towel, washcloth, and
drinking cup. Single-use, disposable articles are acceptable.
2) A separate sleeping arrangement, such as a bed, cot, crib, or playpen with
individual bedding, shall be provided for each child who sleeps or naps while
in care. A twin size bed may be used for 2 children under age 4, provided
each child shall have individual sheets.
A) The bed shall be kept in a clean and sanitary condition at all times,
and bedding shall be suitable for the season.
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Rules 408 – (47)
B) Family beds may be used for children if separate linens are used.
C) Rubber sheets shall be used when necessary.
3) The caregiver shall require parents to supply clothing suitable to weather
conditions, as well as a complete change of clothing in case of need.
4) Caregivers and children shall use soap and running water to wash their hands
before meals, after toileting, after diaper changing, and after contact with
respiratory secretions. Hand sanitizers or diaper wipes are not an acceptable
substitute for soap and running water. Caregivers shall supervise children's
hand-washing to ensure that children are not scalded by hot water.
5) Open cuts, sores or lesions on caregivers or children shall be covered.
6) Caregivers shall wash their hands with soap and water prior to food
preparation and after any physical contact with a child during food
preparation. Hands shall be dried using single-use towels.
7) Sheets shall be changed when soiled and at least weekly.
8) Clothing soiled due to toilet accidents shall be changed immediately.
e) In order to reduce the risk of infection or contagion to others, there must be space
provided in the group day care home for the isolation and observation of a child who
becomes ill. An ill child shall be provided a bed or cot away from other children and
a caregiver or assistant shall supervise the child at all times he/she is in the home.
f) When a group day care home admits ill or injured children, a plan for the care of
such children must be agreed upon with the parents to assure that the needs of the
children for rest, attention, personal care and administration of prescribed medication
are met. No child requiring exclusion from the home in accordance with 77 Ill. Adm.
Code 690 may be admitted.
g) Caregivers shall take reasonable measures to reduce the spread of communicable
disease among children in the facility by observing such procedures as:
1) Using only washable toys with diapered children;
2) Washing washable toys at least once per day;
3) Cleaning facility-provided stuffed toys;
4) Washing toys mouthed by one child before they are used by another child;
and
5) Washing pacifiers and other items placed in the mouth if dropped to the floor
or ground.
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Illinois Department of Children and Family Services
Rules 408 – (48)
h) There shall be an emergency plan for each child in case of accident or sudden illness.
1) The caregiver shall have available at all times the name, address, and
telephone number where the child's parents or guardian, relative, friend, or
physician, and the Department can be reached.
2) There shall be a planned source of readily available emergency medical care;
a hospital emergency medical room, clinic, or the child's physician.
3) When the caregiver accompanies a child to the source of emergency care, an
adult who meets the standards prescribed by Section 408.55 must assume
supervision of other children in the home.
4) In case of illness or accident, the parent, guardian, or supervising agency
responsible for the child shall be notified immediately.
i) Children shall be supervised at all times. All children in the group day care home
shall be protected from exploitation, neglect, and abuse.
(Source: Amended at 30 Ill. Reg. 18310, effective November 13, 2006)
Section 408.75 Guidance and Discipline
a) The caregiver shall use disciplinary measures designed and carried out in such a way
as to help individual children develop self-control and assume responsibility for their
own acts.
1) The caregiver shall establish simple, understandable rules so that
expectations and limitations are clear to the child.
2) Discipline shall be in proportion to the particular inappropriate behavior.
3) Discipline shall be related to the child's act and shall be handled immediately
by the adult involved so the child is aware of the relationship between acts
and consequences.
4) Removal from the other children as a means of helping a child gain control
shall be for a number of minutes not to exceed the child's age in years.
Removal from the group shall not be used for children less than 24 months of
age.
b) No child shall be subjected to extreme punishment.
1) No child shall be subjected to physical punishment, nor can shaming,
frightening, or humiliating methods be used.
2) There shall be no verbal abuse, threats, or derogatory remarks about the child
or the child's family.
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Rules 408 – (49)
3) Depriving a child of meals or any part of meals shall never be used as
punishment.
4) No child shall be punished for toilet accidents.
c) Expulsion due to a child's repeated pattern of challenging behavior is prohibited.
Planned transitions to settings better able to meet the child's needs are not considered
expulsions.
(Source: Amended at 44 Ill. Reg. 16166, effective September 18, 2020)
Section 408.80 Nutrition and Meals
a) Food requirements for children between birth and the age of eating table food shall
be geared to the individual needs of the child and determined by consultation with
the parents. The facility shall provide one-third to two-thirds of the daily nutritional
requirements, depending on the length and time of day of the child's stay. The main
meal shall be nutritionally balanced conforming to age appropriate portions and
variety as reflected in the Meal Pattern Charts, Appendices A and B.
b) Children one year of age and older in attendance for more than 2 but less than 5
hours shall be served a mid-session snack consisting of one-half cup of pure fruit
juice or full-strength canned or frozen fruit juice that contains at least 30 milligrams
of Vitamin C per serving, or one to one-half cup of pasteurized milk, or one serving
of citrus fruit.
c) Children one year of age and older in attendance 5 to 10 hours shall be served at least
one-third of their daily food requirements, which shall include a well-balanced,
nutritive meal. Occasional picnic-type meals may be substituted for a main meal.
Midmorning and midafternoon snacks consisting of fruit, fruit juice, or pasteurized
milk (as prescribed under subsection (c)) shall be included. Children in attendance
for over 10 hours shall be served food to provide at least two-thirds of their daily
food requirements. Two meals and the supplemental snacks will meet this
requirement. One of the meals may be breakfast or supper, depending on the time
the child arrives or departs.
d) Children under one year of age who are no longer drinking formula or breast milk
shall be served whole milk unless low-fat milk is requested by the child's physician.
e) Children shall be served small servings of bite-size pieces.
f) All meals shall be suitable for children and prepared by methods designed to
conserve nutritive value, flavor, and appearance.
g) Children under 2 years of age shall not be fed whole berries, hard candies, raisins,
corn kernels, raw carrots, whole grapes, hot dogs, nuts, seeds, popcorn, or raw peas,
as these foods may cause choking.
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Rules 408 – (50)
h) Cooked carrots, corn, peas and bananas may be served to infants only if mashed,
grated or pureed.
i) Hot dogs and raw carrots may be served to children between 2 and 3 years of age
only if cut into short, thin strips. Up to 3 tbsp. of peanut butter may be served to
children ages 3 through 5 if thinly spread on bread, crackers or other foods or if
mixed with other foods.
j) Drinking water shall be readily available to the children at all times.
k) Mealtimes shall be pleasurable experiences for the child.
1) There shall be enough time allowed for meals so the children can eat in an
unhurried atmosphere.
2) Children shall be encouraged but not forced to try new foods.
3) Information provided by parents concerning the child's eating habits, food
preferences, or special needs should be considered in planning menus.
4) Food preferences and eating habits shall not be permitted to become a source
of friction at mealtimes.
5) Mealtimes should occur in a social atmosphere and afford children the close
presence of an attentive adult.
l) Meals shall not be brought from home as a substitute for a meal provided by the
facility except as provided in subsection (m).
m) Provisions of this Section notwithstanding, a child requiring a special diet due to
medical reasons, allergic reactions, or religious beliefs shall be provided meals and
snacks in accordance with the child's needs and the written instructions of the child's
parent, guardian, or a licensed physician. Such instructions shall list any dietary
restrictions/requirements and shall be signed and dated by the child's parent, guardian
or physician requesting the special diet. The group day care home may request the
parent or guardian to supplement food served by the facility. When food is supplied
by the parent or guardian, the facility shall be responsible for assuring that it is
properly stored and served to the specific child in accordance with the diet
instructions on file at the facility. Records of food intake shall be maintained when
indicated by the child's physician.
(Source: Amended at 32 Ill. Reg. 9164, effective June 20, 2008)
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Illinois Department of Children and Family Services
Rules 408 – (51)
Section 408.85 Program
a) The caregiver and parent shall discuss the child's health, development, behavior and
activities to ensure consistency in planning for the child.
b) The program shall include opportunities for a child to have free choice of activities to
play alone, if desired, or with one or several chosen peers.
c) The facility shall provide a basic program of activities geared to the age levels and
developmental needs of the children served. The daily program shall provide:
1) Informal activities, providing a family atmosphere that promotes the physical
and emotional well-being of the individual;
2) Encouragement for children to participate in age appropriate household
routines such as preparing food, setting tables, and cleaning up;
3) Regularity of such routines as eating, napping, and toileting with sufficient
flexibility to respond to the needs of individual children;
4) A balance of active and quiet activity;
5) Daily indoor and outdoor activities in which children make use of both large
and small muscles;
6) Occasional trips and activities away from the facility (frequency to be
determined by the caregiver);
7) A supervised nap period for children under six years of age who remain five
or more hours. This nap period for the group should not normally exceed two
and one-half hours. Children who remain for as long as four consecutive
hours shall have a supervised rest period.
d) The daily program of the facility shall provide experiences which promote the
individual child's growth and well-being and the development of self-help and
communication skills, social competence, and positive self-identity.
e) Program planning shall provide the following:
1) A variety of activities which takes into consideration individual differences in
interest, attention span, and physical and intellectual maturity;
2) Sufficient time for activities and routines, so that the children can manage
them and progress at their own developmental rate;
3) Sufficient materials and equipment to avoid excessive competition and long
waits;
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Illinois Department of Children and Family Services
Rules 408 – (52)
4) Program planning so that the children are not always required to move from
one activity to another as a total group;
5) A program that avoids long waiting periods between activities and prolonged
periods during which the children must stand or sit;
6) Provision for privacy through arranging a small, quiet area that is easily
accessible to the child who seeks or needs time to be alone; and
7) A variety of chores and activities at the child's developmental level.
f) Materials and toys shall be kept clean, orderly, attractive, and accessible to the
children. The group day care home may not use or have on the premises any unsafe
children’s product as described in the Children’s Product Safety Act and 89 Ill. Adm.
Code 386 (Children’s Product Safety).
g) There shall be stimulating play and learning materials; these may include household
items used creatively.
h) Each child's individuality shall be respected and a sense of self and development of
self esteem shall be encouraged.
i) Children shall not be left unattended and adult supervision shall be provided at all
times.
j) The program shall take into account the stress and fatigue that result from constant
pressures and stimulation of long hours in a group living situation.
k) Activity areas, equipment, and materials shall be arranged so that staff can be easily
aware of the children's presence and activity at all times.
l) Equipment shall be arranged in orderly, clearly defined areas of interest, with
sufficient space in each area for the children to see various activities available to
them.
(Source: Amended at 33 Ill. Reg. 18411, effective December 15, 2010)
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Illinois Department of Children and Family Services
Rules 408 – (53)
Section 408.90 Transportation of Children
a) Children may be transported only when the child/adult ratios in accordance with
Section 408.65 are maintained and the person transporting is 18 years of age or older
and has a valid driver’s license for the vehicle classification being used.
b) Caregivers shall be responsible for assuring the safe transport of children.
c) Each child shall be individually fastened into a suitable infant or child restraint
device whenever the vehicle is in motion. The restraint shall be federally approved
and labeled as such and used in accordance with the manufacturer's instructions. This
requirement shall not apply to a child for whom a physician has certified, in writing,
that the child has a physical handicap that prevents wearing an appropriate restraint
device.
d) While transporting children, the driver shall be responsible for seeing that:
1) Each child shall board or leave the vehicle from the curb side of the street,
and shall be safely conducted to the home or facility.
2) A responsible person as designated by the child's parent or guardian shall
receive the child when delivered to the home or the facility.
e) No child shall be left unattended in a vehicle.
f) The vehicle shall be safely equipped and the caregiver shall comply with State and
local laws pertaining to vehicles.
1) The vehicle shall be equipped in accordance with requirements of the Illinois
Vehicle Equipment Law [625 ILCS 5/Ch. 12] and local vehicle safety
ordinances.
2) Evidence of compliance regarding vehicle liability and medical insurance
shall be on file with the home records. Evidence may consist of, but is not
limited to, a copy of an insurance policy, binder or certificate; or a letter from
the insurance carrier.
3) The vehicle shall be equipped with safety locking devices on doors and shall
be maintained in mechanically safe condition at all times.
(Source: Amended at 25 Ill. Reg. 5281, effective April 1, 2001)
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Rules 408 – (54)
Section 408.95 Swimming
a) Swimming activities shall be supervised for safety.
b) All children must be directly supervised (caregiver physically present with the
child(ren)) at all times when child(ren) are wading or swimming. A second adult
shall be available to supervise any children not swimming.
c) Child(ren) shall be permitted to use a swimming pool only under the direct
supervision of a person currently certified as a water safety instructor or lifeguard by
the American Red Cross or an equivalent water safety program.
Section 408.100 Children with Special Needs
a) Children identified as having special needs shall have activities relating to those
needs that are planned with parents and/or physicians, nurses, psychologists, social
workers, speech therapists, physical and occupational therapists, educators and other
technical and professional persons whose expertise is utilized in providing
specialized services to child(ren) with special needs.
b) Parents shall be fully informed and in agreement with all procedures undertaken in
relation to the child's needs.
c) There shall be suitable space and equipment so that the child can function as safely
and independently as possible.
1) Areas of the home shall be adapted as necessary if special devices are
required for the child to function independently.
2) Space needs shall be determined by considering such factors as age and size
of the child, activity recommendation, and ambulation problems.
d) In determining license capacity, discipline, nutritional needs, equipment, child(ren)
who have special needs due to physical, mental, and/or emotional disabilities shall be
considered at the age level at which they function. The age level at which the child
functions for purposes of determining child/staff ratios shall be determined by the
Department in consultation with personnel involved in providing care or services for
the child.
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Illinois Department of Children and Family Services
Rules 408 – (55)
Section 408.105 Children Under 30 Months of Age
a) Children under 30 months of age shall not be permitted in bathrooms, kitchens, or
hazardous areas without the caregiver or assistant present.
b) To minimize the risk of Sudden Infant Death Syndrome, children shall be placed on
their backs when put down to sleep.
1) When the infant cannot rest or sleep on his/her back due to a disability or
illness, the caregiver shall have written instructions, signed by a physician,
detailing an alternative safe sleep position and/or special sleeping
arrangements for the infant. The caregiver shall place the infant to sleep in
accordance with a physician's written instructions.
2) When an infant can easily turn over from the back to tummy position, the
infant shall be put down to sleep on his/her back, but allowed to adopt
whatever sleeping position the infant prefers.
3) Infants unable to roll from their stomachs to their backs, and from their backs
to their stomachs, when found facedown, shall be placed on their backs.
4) No infant shall be put to sleep on a sofa, soft mattress, car seat or swing.
5) When an infant is awake, the infant shall be placed on his/her tummy part of
the time and observed at all times.
c) Children under 30 months of age shall be provided a daily program that is designed
to meet their needs.
1) The caregivers shall demonstrate warm, positive feelings toward each child
through actions such as hugging, patting, smiling, and cuddling.
2) Routines such as naps and feedings shall be discussed with the parents and
shall be consistent with the child's routine at home.
3) Non-mobile children who are awake shall be moved to different positions
and shall be held, rocked, and carried about.
4) The caregivers shall frequently change the place, position, and toys available
for children who cannot move about the room.
5) Consistent toilet training shall be undertaken at a time mutually agreed upon
by parents and caregiver in accordance with the child's age and/or stage of
development.
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Rules 408 – (56)
6) Children shall be taken outdoors for a portion of every day, when weather
permits, except when the child is ill or unless indicated otherwise by parents
or physician.
d) Feeding schedules and procedures shall meet the developmental needs of the
children.
1) Flexible feeding schedules of children shall be established to coordinate with
parents' schedules at home and to allow for nursing.
2) Infants shall either be held or be fed sitting up for bottle feeding. Infants
unable to sit shall always be held for bottle feeding. When infants are able to
hold their own non-glass bottle, they may feed themselves without being
held. The bottle must be removed when the child has fallen asleep. Bottle
propping and carrying of bottles by young children throughout the day/night
shall not be permitted.
3) Bottles shall never be warmed or defrosted in a microwave oven.
4) Children shall be allowed and encouraged to feed themselves when they
indicate a readiness to do so.
5) Safe finger foods such as those that dissolve in the mouth may be provided.
e) Proper standards of hygiene shall be observed in the home.
1) Hands shall be washed with soap and running water and dried before the
feeding of each child.
2) Formula brought in by the parent shall be labeled and refrigerated.
3) All utensils shall be washed after each use.
4) Foods stored or prepared in jars shall be served from a separate dish for each
child. Any leftovers from the serving dish shall be discarded. Leftovers in
the jar shall be labeled with the child's name, dated, refrigerated, and served
within 24 hours or discarded.
5) A toilet shall be easily accessible so that the contents of reusable diapers may
be disposed of before placing the diapers in the diaper pail. Disposable
diapers and their contents shall be disposed of in accordance with the
manufacturer's instructions.
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Illinois Department of Children and Family Services
Rules 408 – (57)
6) Persons changing diapers shall wash hands under running water with soap
after each change of diaper. Hands shall be dried with single-use towels.
Additionally, disposable, non-permeable gloves shall be worn when changing
a child who has watery or bloody stools.
7) The child whose diaper is being changed is to be washed on the hands and
anal area if there has been defecation or if irritation is present.
8) Children who are not toilet trained shall be diapered in their own cribs, at a
central diapering area on a surface that is disinfected after each use, or on a
disposable paper sheet that is disposed of after each diapering.
9) The toilet seat, if soiled, or potty shall be cleaned with germicidal solution
(see subsection (f)) after every use.
10) Soiled diapers shall be changed promptly.
11) Sheets shall be changed when soiled, and all sheets shall be changed
routinely 2 times per week.
12) All beds shall be wiped clean as often as necessary.
13) Toys and equipment shall be kept clean.
f) A germicidal solution of ¼ cup household chlorine bleach to one gallon of water (or
one tablespoon bleach to one quart of water) or other germicidal solution approved
by the Centers for Disease Control and Prevention shall be used to clean surfaces
soiled by blood or body fluids. The bleach solution shall be made fresh daily.
g) The equipment must be appropriate to the developmental needs of the children in
care.
1) Safe, sturdy, well-constructed individual cribs, playpens, or port-a-cribs for
infants shall be equipped with good firm, fitting mattresses made of
waterproof materials that can be washed. Washable cots may be used for
children 15 months of age and over.
2) Sleeping equipment for children under 15 months must have protection to
prevent falls.
3) There shall be no more than 1½ inches of space between the mattress and bed
frame when the mattress is pushed flush at one corner of the crib.
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Rules 408 – (58)
4) No positioning device that restricts movement within the child's bed shall be
used without written instructions from the child's physician. Soft bedding,
bumpers, pillows, quilts, comforters, stuffed toys, laundry and other soft
products shall be removed from the crib when children are napping or
sleeping. If using a blanket, put the child with feet at the foot of the crib.
Tuck a thin blanket around the crib mattress, reaching only as far as the
child's chest.
5) Bed linens used on the cots, cribs, or playpens shall be safe, tightly fitting,
and washable.
6) Conveniently located, washable, plastic-lined covered receptacles shall be
provided for soiled diapers and linens.
7) A toilet seat or potty shall be provided.
h) The materials must be appropriate to the developmental needs of the child in care.
1) Provision shall be made for an adequate supply of individual diapers,
clothing, powder, oil, etc.
2) There shall be a variety of toys and art materials for children under 30
months of age to observe, grasp, pick up, and manipulate.
3) Pull toys, pounding toys, large hollow blocks, or large balls shall be available
for development of large muscles.
4) Mobile walkers are prohibited. Stationary exercisers may be used.
i) Equipment and play materials shall be durable and free from characteristics that may
be hazardous or injurious to children under 30 months of age. Hazardous or
injurious characteristics include sharp, rough edges; toxic paint; and objects small
enough to be swallowed.
(Source: Amended at 32 Ill. Reg. 9164, effective June 20, 2008)
Section 408.110 School Age Children
a) A group day care home receiving children within the school age range shall comply
with the standards for group day care homes except when inconsistent with the
special requirements in this Section.
b) The facility shall provide a designated area so that the older children's presence shall
not interfere with the needs and care of younger children.
c) Indoor equipment shall be available so as to provide for active and quiet play
appropriate to the age levels and developmental needs of the children.
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Rules 408 – (59)
d) Outdoor equipment appropriate to the developmental levels of the children in care
shall be provided, including sports equipment, outdoor games and activities.
e) The facility shall provide a program and activities that recognize the developmental
and educational needs of school-age children who need group care.
1) Quiet activities such as, but not limited to, puzzles, games, reading books,
simple art or special projects, and opportunities to do homework shall be
accessible on a free choice basis to children waiting in the facility to leave for
school during the morning hours.
2) Children who have been in school all day shall have time set aside for
relaxation and recreation immediately upon arrival from school.
3) Opportunity shall be available for the development of skills in areas such as,
but not limited to, sports, art, and music.
4) Special projects outside the confines of the facility shall be provided, such as
trips to the library.
5) The program shall be flexible to allow the children to participate in after-
school activities with the written permission of parent(s).
f) Nutritional needs shall be fulfilled.
1) A snack shall be served when children arrive at the home after school in
accordance with Section 408.80.
2) Child(ren) who come to the home from school for lunch shall be served a
nutritionally balanced meal in accordance with Section 408.80.
g) Areas of responsibility shall be clearly established and agreed to in writing between
parent, school, and caregiver including, but not limited to:
1) Child(ren) leaving the group day care home to go to school;
2) Child(ren) leaving school to go home;
3) Child(ren) leaving the group day care home for any reason; and
4) Child(ren) participating in after school activities or visiting friends.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (60)
Section 408.115 Night Care
a) A group day care home receiving children for night care shall comply with the
standards prescribed for group day care homes in addition to the special requirements
prescribed in this Section.
b) A child shall be considered to be enrolled in evening and/or night care when a
majority of his or her time at the group day care home occurs between 6:00 p.m. and
6:00 a.m.
c) The child shall be bathed, if needed.
d) No child under 5 years of age shall be left unattended while in the bathtub.
e) Each child must have individual sleeping garments that are clean and comfortable.
f) An individual bed, crib, or cot and individual linen and bedding shall be provided for
each child except as provided in this subsection (f):
1) A double bed shall be the minimum size for sleeping 2 non-enuretic children
of the same sex.
2) Rubber sheets or suitable substitutes shall be supplied when necessary.
3) If a crib is used there shall be no more than 1½ inches of space between the
mattress and bed frame when the mattress is pushed flush at one corner of the
crib.
4) Unrelated children over 4 years of age may not share a bedroom over night
with children of the opposite sex.
g) Caregivers and children receiving night care shall sleep on the same floor (level) of
the residence.
h) If the group day care home receives children for night-time care, the caregiver may
sleep while children are present if the caregiver and the children sleep on the same
floor (level) of the residence and the children's bedrooms are within hearing distance
of the caregiver's bedroom to provide for the needs of the children and to respond
immediately in an emergency.
i) A basement area may be used for sleeping or napping if it has been approved in
accordance with Section 408.30(a)(12).
j) A room above the first floor may be used for sleeping or napping if the room has 2
exits with one exit leading directly to the outside with means to safely reach the
ground level.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (61)
k) There shall be a night light or other mechanism to illuminate hallways leading to
stairs and/or the restroom.
l) A child who goes to school from a group day care home providing night care shall be
clean and properly dressed according to the weather.
m) Each child shall have individual toilet articles such as comb, toothbrush, towel, and
washcloth.
n) Health care routines at bedtime and/or upon rising shall include:
1) Brushing teeth at bedtime and upon rising.
2) Brushing or combing the hair upon rising.
3) Establishing a routine for toileting at bedtime and upon rising.
o) When possible, children shall be left for care and picked up either before or after
their normal sleeping period so that there is minimum disturbance of the children
during sleep.
p) The group day care home shall serve meals and snacks that supplement food served
at home as prescribed in Section 408.80.
1) An evening meal that meets nutritional requirements shall be served at a
regular time each evening and shall be available to children who may arrive
without having first eaten.
2) A bedtime snack shall be served, unless contraindicated by parents or
physician in accordance with Section 408.80.
3) Children who remain overnight and go to school directly from the group day
care home shall have breakfast, including juice or fruit, unless they are
receiving breakfast at school.
(Source: Amended at 34 Ill. Reg. 18411, effective December 15, 2010)
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (62)
Section 408.120 Records and Reports
a) A facility shall maintain a record file on the children enrolled.
1) A written application for admission of each child shall be on file with the
signature of the parent or guardian.
2) An alphabetic card file or register on each child shall be maintained and shall
include:
A) Name, date of birth, and sex;
B) Date of admission and discharge;
C) Scheduled days and hours of care;
D) Names of parents or guardians, home address and business address
and telephone numbers, marital status, and the working hours of the
parents or guardians;
E) Name, address and telephone number of child's physician (or other
person designated by parents who object to medical treatment on
religious grounds);
F) Names, addresses and telephone numbers of others authorized to pick
up the child;
G) Names, addresses, and telephone numbers of others to contact within
the immediate area if parents or guardian cannot be contacted in case
of emergency; and
H) Information regarding the child's personal development, habits,
medical needs, and other information critical to the child's well-being.
3) There shall be signed consent forms from the parent or guardian including:
A) Permission for emergency medical care and treatment if the parent is
not readily available.
B) Permission to administer medication, if applicable.
C) Permission for someone other than parent or guardian to pick up child
if necessary.
D) Visits, trips or excursions off the premises.
E) Transportation provided by caregiver.
F) Permission to use the facility's swimming pool, if applicable.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (63)
4) Accidents or illnesses which have occurred to the child at the facility shall be
recorded in the file. When a child is not permitted to attend the facility
because of an accident or illness, the date of readmission to the facility shall
be recorded.
5) All required health and medical reports as required by Section 408.70.
6) A statement signed by the parents or guardian indicating receipt of a
summary of licensing standards and other materials as required by subsection
(c) shall be in the child's record file.
b) A facility shall maintain accurate daily attendance records on all children enrolled. If
a child attends on a part-time or irregular basis, this shall be recorded in the
attendance record.
c) The facility shall distribute a summary of the licensing standards, provided by the
Department, to the parents or guardian of each child at the time that the child is
accepted for care in the facility. In addition, consumer information materials
provided by the Department including, but not limited to, information on reporting
and prevention of child abuse and neglect and preventing and reporting
communicable disease, shall be distributed to the parents or guardian of each child
cared for when designated for such distribution by the Department. Each child's
record shall contain a statement signed by the child's parent or guardian, indicating
that they have received a summary of licensing standards and other materials
designated by the Department for such distribution.
d) The group day care home shall enter in the child's record and orally report
immediately to the child's parent, guardian, and the Department any serious
occurrences involving children. Oral reports shall be confirmed in writing within 2
working days of the occurrence. If the home is unable to contact the parent, guardian
or Department immediately, it shall document this fact in the child's record. These
occurrences include serious accident or injury requiring extensive medical care or
hospitalization; death; arrest; alleged abuse or neglect; major fire or other emergency
situations.
e) Suspected child abuse or neglect shall be reported immediately to the Child
Abuse/Neglect Hotline as required by the Abused and Neglected Child Reporting
Act. The telephone number for the reporting hotline is 1-800-252-2873.
f) The caregiver shall immediately notify the Department of the death of any child at
the facility; a child is missing from the group day care home; any illness or injury of
a child resulting in medical treatment or hospitalization, and any known or suspected
case or carrier or a reportable contagious, infectious, or communicable disease
among children, staff or members of the household.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (64)
g) The caregiver shall immediately notify the Department of any natural disaster or
other occurrence resulting in the loss of or damage to physical plant or equipment
required to operate the group day care home in accordance with this Part.
h) Records shall be maintained on all staff and shall contain all pertinent information
relative to character, suitability, and qualifications for the position; health; 3character
references verified by the group day care home; history of employment for the
previous 5 years; date of employment by the group day care home; and, if applicable,
date and reasons for separation from the day care home.
i) The caregiver shall make available to staff a current and complete copy of the
licensing standards in a location readily accessible to staff. Further, the licensee shall
maintain a record signed by staff indicating that they have reviewed the licensing
standards and any subsequent changes to those standards provided to the licensee by
the Department. Records documenting compliance with this requirement shall be
maintained by the licensee and available for licensing review.
j) When the licensed day care home is cited for one or more substantiated violations of
licensing standards by the supervising agency, the caregiver shall prominently
display in the home the list of violations and the corrective plan, on a form provided
by the supervising agency. The caregiver shall keep the form posted until a licensing
representative has verified in writing that every violation on that form has been
corrected.
k) Each staff person shall sign a statement prescribed by the Department acknowledging
his or her status as a mandated reporter of child abuse or neglect under the Abused
and Neglected Child Reporting Act and acknowledging he or she has knowledge and
understanding of the reporting requirements under that Act. Such statement shall be
signed and dated by the staff person prior to employment, and shall be maintained by
the licensee.
l) The facility shall maintain and submit reports on staff to the Department on forms
provided by the Department.
1) An individual report on each new employee shall be filed with the
Department; a copy of this report shall be kept at the facility.
2) All staff changes shall be reported to the Department immediately.
3) Copies of documentation of medical information, verification of educational
achievement, and character references of employees shall be provided upon
request by the Department.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (65)
m) The facility shall promptly report any known or suspected case or carrier of
communicable disease to local health authorities, and shall comply with the Illinois
Department of Public Health's rules for the Control of Communicable Diseases (77
Ill. Adm. Code 690).
n) Authorized Department licensing representatives or other Department representatives
who have the Director's written authorization which specifies the statutory authority
or administrative rule under which the access is granted shall have access to records
and reports. All persons who have access to the records and reports shall respect
their confidential nature.
o) A medical record for each child, on forms provided by the Department, shall be
maintained at the facility, dated no earlier than 6 months prior to enrollment, and
signed by the examining physician, an advance practice nurse who has a written
collaborative agreement with a collaborating physician that authorizes the advance
practice nurse to perform health examinations, a physician assistant who has been
delegated the performance of health examinations by the supervising physician; or
the medical record is certified by a recognized health facility.
p) The licensee shall notify the supervising agency within one week, in writing, of any
changes to the household composition. Changes that require notification include the
addition of any new person into the home, the return of any former household
member, or the departure of any household member.
q) The licensee shall keep a record of dates and hours worked by the substitute
caregiver while the licensee is absent from the group day care home, as required in
89 Ill. Adm. Code 408.55(a).
r) The licensee shall maintain records required for fire safety in accordance with
Section 408.30. Fire safety records include monthly fire drill reports, monthly fire
safety inspections conducted by the licensee, and the log of daily inspections by the
licensee to ensure that exit routes are kept clear.
(Source: Amended at 33 Ill. Reg. 18411, effective December 15, 2010)
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (66)
Section 408.125 Confidentiality of Records and Information
a) The caregiver shall respect the confidential nature of the child and family records.
b) Information pertaining to the admission, progress, health, or discharge of an
individual child shall be confidential and limited to authorized representatives of the
Department, caregivers and assistants unless the parent(s) of the child has granted
written permission for its disclosure or dissemination.
1) The facility shall have confidentiality release forms signed by the parents
which specifies to whom information may be released and how long the
release form is valid. Such release forms shall be on file at the facility prior to
release of information.
2) If information is requested by outside persons or agencies, a specific written
request signed by the person requesting the information shall be obtained and
placed on file at the facility prior to the release of confidential information.
c) Nothing in this Section shall be construed to relieve the caregiver(s) or other persons
of their responsibility to report suspected child abuse or neglect to the Department or
to report communicable disease(s) among children, staff or members of the
household to the local health department of the Illinois Department of Public Health.
Section 408.130 Cooperation with the Department
a) Authorized representatives of the Department shall be admitted to the facility during
the facility's hours of operation for the purpose of determining compliance with the
Child Care Act of 1969 and standards set forth in this Part.
b) Licensed providers are subject to periodic monitoring as long as the license is valid,
whether or not child care is actually being provided.
(Source: Amended at 27 Ill. Reg. 19232, effective December 15, 2003)
Section 408.135 Severability of This Part
If any court of competent jurisdiction finds that any rule, clause, phrase, or provision of this Part is
unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the
remaining portions of this Part.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (67)
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Illinois Department of Children and Family Services
Rules 408 – (68)
APPENDIX A:
MEAL PATTERN CHART FOR CHILDREN
0-12 MONTHS OF AGE
MEAL
Ages 0-4 Months
Ages 4-8 Months
Ages 8-12 Months
BREAKFAST
Infant Formula
(iron fortified)
4-6 ounces
6-8 ounces
6-8 ounces*
Infant Cereal
(iron fortified)
0
1-3 tablespoons
2-4 tablespoons
SNACK (Supplement)
Infant Formula
(iron fortified)
or full strength fruit
or whole fluid milk
4-6 ounces
0
0
2-4 ounces
2-4 ounces
2-4 ounces
2-4 ounces
2-4 ounces
2-4 ounces
Enriched or whole-grain bread
or cracker-type product (suitable
for infants)
0
0
0-¼ slice**
0-2 crackers**
0-¼ slice**
0-2 crackers**
LUNCH OR SUPPER
Infant Formula
(iron fortified)
4-6 ounces
6-8 ounces
6-8 ounces*
Infant Cereal
(iron fortified)
0
1-2 tablespoons
strained fruit and/or vegetable
(to total)
0
1-2 tablespoons
3-4 tablespoons
Strained meat, fish, poultry, or
egg yolk,
0
0-1 tablespoon**
1-4 tablespoons
or cheese
0
0-½ ounce**
½-2 ounces
or cottage cheese, cheese food, or
cheese spread
0
0-1 ounce**
1-4 ounces
* or 6-8 ounces of whole milk and 0-3 ounces of full strength fruit juice.
** These items are suggested, not required. Parents should ask their doctor if they have questions
about what their baby should eat.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (69)
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Illinois Department of Children and Family Services
Rules 408 – (70)
Section 408.APPENDIX B
MEAL PATTERN CHART FOR CHILDREN
OVER ONE YEAR OF AGE
BREAKFAST
Ages
LUNCH/SUPPER
Ages
1 through
2
3 through
5
6 through
12
1 through
2
3 through
5
6 and
older
1
MILK
Milk, fluid
½ cup
2
¾ cup
1 cup
½ cup
2
¾ cup
1 cup
VEGETABLES AND
FRUITS
4
Vegetables(s)
and/or fruit(s) or
¼ cup
½ cup
½ cup
¼ cup total
½ cup
total
¾ cup
total
Full-strength vegetable or
fruit juice or an equivalent
quantity of any
combination of
vegetable(s),fruit(s), and
juice
¼ cup
½ cup
½ cup
BREAD AND BREAD
ALTERNATES
3
Bread or
Cornbread, biscuits,
rolls, muffins, etc. or
½ slice
½
serving
½ slice
½ serving
1 slice
1
serving
½ slice
½ serving
½ slice
½
serving
1 slice
1 serving
Cold dry cereal or
¼ cup or
1/3 oz.
1/3 cup
or ½ oz.
¾ cup or
1 oz.
Cooked cereal or
¼ cup
¼ cup
½ cup
Cooked pasta or noodle
products
¼ cup
¼ cup
½ cup
Cooked cereal grain or an
equivalent quantity of any
combination of bread/bread
alternate
¼ cup
¼ cup
½ cup
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (71)
APPENDIX B
MEAL PATTERN CHART FOR CHILDREN
OVER ONE YEAR OF AGE
BREAKFAST
Ages
LUNCH/SUPPER
Ages
1 through
2
3 through
5
6 through
12
1 through
2
3 through
5
6 and
older
1
BREAD AND BREAD
ALTERNATIVES
(Continued)
Cooked pasta or noodle
products or cooked
cereal grains or an
equivalent quantity of any
combination of bread/bread
alternate
¼ cup
¼ cup
½ cup
MEAT AND MEAT
ALTERNATES
5
Lean meat or
poultry or fish or
1 oz.
1½ oz.
2 oz.
Cheese or
1 oz.
1½ oz.
2 oz.
Eggs or
1 egg
1 egg
1 egg
Cooked dry beans
or peas or
¼ cup
3/8 cup
½ cup
An equivalent quantity of
any combination of
meat/meat
Alternate or
2 tbsp.
3 tbsp.
4 tbsp.
Peanut Butter
----- 3 tbsp. 4 tbsp.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (72)
APPENDIX B
MEAL PATTERN CHART FOR CHILDREN
OVER ONE YEAR OF AGE
(1) Children age 12 and up may be served adult-size portions based on the greater food needs of older
boys and girls, but shall be served not less than the minimum quantities specified for children age 6 up
to 12.
(2) For purposes of the requirements outlined, a cup means a standard measuring cup.
(3) Bread, pasta, or noodle products and cereal grains shall be whole-grain or enriched. Cornbread,
biscuits, rolls, muffins, etc., shall be made with whole-grain or enriched meal or flour. Cereal shall be
whole-grain or enriched or fortified.
(4) Serve two or more kinds of vegetables and/or fruits. Full strength vegetable or fruit juice may be
counted to meet not more than one-half of this requirement.
(5) Cooked lean meat without bone.
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (73)
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Illinois Department of Children and Family Services
Rules 408 – (74)
Section 408.APPENDIX C
Minimum Equipment and Supplies - Preschool Programs
PERMIT
LICENSE
(additional equipment and supplies)
Furniture:
1. Sufficient tables and chairs with backs
for children (one chair per child-no
folding chairs)
2. One cot per licensed capacity
3. First-aid kit
4. Cot with blanket (for ill child)
5. Chair with backs (for staff)
6. Low open shelves and bookcases (one
foot per child)
7. Space/equipment for maintenance of
children's records
8. Individual spaces for outer clothing
9. Area rug or carpeting
Active, Large-
Muscle Play: (for
indoors)
1. Large building blocks (May be of non-
durable materials)
2. Two pieces of durable large-muscle
equipment such as:
climber
rocking boat
triangle set
tunnel
walking plank
wheel toys
1. Durable large building blocks
2. Three pieces of durable large-
muscle equipment
Active, Large-
Muscle Play:
(for outdoors)
1. Two pieces of durable large-muscle
equipment such as:
climber
slide
large wheel toys
swing
sand-box
water play materials
balls
1. Three pieces of durable large-
muscle equipment
Art and Music
Activities:
1. Phonograph
2. Records - at least six
3. One double easel
2. Records -- at least ten
3. Double easel
4. Rhythm band.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (75)
APPENDIX C
Minimum Equipment and Supplies - Preschool Programs
PERMIT
LICENSE
(additional equipment and supplies)
Dramatic Play:
1. Small blocks
2. Three small
durable transportation
toys
3. One spontaneous dramatic area with at
least two pieces of permanent
equipment:
pretend area
work bench (woodwork and
tools)
housekeeping area: e.g., doll
bed, st
ove, sink, refrigerator,
cupboard, etc.
4. Accessories: dolls, dishes, pots and
pans
2. Six small durable transportation
toys
3. At least two areas for spontaneous
dramatic play, each having at
least three pieces of equipment
4. At least one full-length mirror
5. Dress-up clothes
Ponder Play:
1. Books -- one per every child
2. Puzzles -- one per every four children
3. Cognitive games --one per every four
children:
e.g., number concepts, letter concepts,
shapes concepts, size concepts, color
concepts
1. Two per every child
2. One per every two children
2a. Puzzle rack
3. One per every two children
4. Science items: e.g., magnet,
magnifying glass, pets, plants
Expendable
Supplies:
1. Clay or play dough
2. Tempera or finger paints (non-toxic)
3. Paper (colored and white)
4. Paste (non-toxic)
5. Scraps -- collage materials
6. Paint brushes
7. Crayons
8. Blunt scissors
9. Aprons-smocks
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (76)
APPENDIX C
Minimum Equipment and Supplies - Preschool Programs
PERMIT
LICENSE
(additional equipment and supplies)
Fine-motor
development:
1. Manipulative toys - one per every four
children: e.g., pegs and pegboards,
beads and strings, interlocking plastic
forms, puzzles, nesting blocks
2. Sand or water play equipment
1. One per every three children
Language
Development:
1. Pictures
2. Bulletin boards
3. Flannel board and flannel sets
Food Service
Supplies:
1. Dishes, silverware and cups, if meals
are to be served
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (77)
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Illinois Department of Children and Family Services
Rules 408 – (78)
Section 408.APPENDIX D
Minimum Equipment and Supplies
- Infant and Toddler Program
INFANT PROGRAMS
TODDLER PROGRAMS
Furnishings
1. Sufficient infant-
sized tables and
chairs with backs for infants able to
sit alone. One chair per infant; no
folding chairs.
2. One crib with mattress and blanket
per infant in attendance
3. First aid kit.
4. Crib with mattress and blanket for ill
infant.
5. Chairs with backs (for staff).
6. Low open shelves and bookcases (one
foot per child).
7. Space and equipment for maintenance
of children's records.
8. Adult rocker.
9. Individual space for outer clothing.
10. High chairs.
11. Infant seats.
12. Bathing tub.
13. Changing table with changeable
covering.
14. Diaper pail with liners.
15. Area rug or carpeting.
16. Play pens (optional).
17. Gates as needed for safety.
18. Refrigerator.
Same as furniture for preschool programs,
plus:
1) Changing table with changeable
covering.
2) Diaper pail with liners. Toilet with
training seat, child-sized toilet or
potty chair.
3) Gates as needed for safety.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (79)
APPENDIX D
Minimum Equipment and Supplies
- Infant and Toddler Program
INFANT PROGRAMS
TODDLER PROGRAMS
Active Large-
Muscle Play
1. Large b
uilding blocks (may be of
non-durable materials).
2. Five pieces of durable large-muscle
equipment such as:
Baby bouncers
Large turning balls
Body wheels
Riding stools.
3. Large open plastic ball.
4. Water-play equipment.
1) Durable large building blocks.
2)
Five pieces of durable, large
muscle equipment such as:
Two-step slide
Rocking boat
Indoor gym house
Swing
Tunnel
Climber.
Art and Music
Activities
1. Cassette or compact disk player.
2. Cassette tapes or CDs -- at least 6.
3. Musical pull-toys.
4. Rattles.
5. Drum (without sticks).
1) Cassette tapes or CDs-- at least
10.
2) Double easel.
3) Rhythm band.
Fine Motor
Development
1. Matching and feeling toys -- one per
every 2 children such as:
Plastic clutch toys
Form toys
Rattles
Pull toys
Feeling balls.
2. Manipulative toys -- one per every 2
children such as:
Teething toys
Wooden rattles
Shape toys
Clutch balls.
1) Manipulative toys -- one per
every 3 children e.g.,:
Pegs and pegboards
Large beads and strings
Interlocking plastic forms,
puzzles, nesting blocks.
2) Sand or water play equipment.
Language
Development
1. Pictures.
2. Bulletin boards.
1) Pictures.
2) Bulletin boards.
3) Flannel board and flannel sets.
4) Durable books.
LICENSING STANDARDS FOR DAY CARE HOMES
April 30, 2024 – PT 2024.04
Illinois Department of Children and Family Services
Rules 408 – (80)
Section 408.APPENDIX D
Minimum Equipment and Supplies
- Infant and Toddler Program
INFANT PROGRAMS
TODDLER PROGRAMS
Linens and
Supplies
1. For each crib: bumpers, sheets (cotton,
plus rubber and/or plastic), blankets.
2. Bath towels.
3. Wash cloths.
4. Diapers.
5. Covers for changing table.
6. Sterile cotton balls.
7. Facial tissues.
8. Soap.
9. Petroleum jelly or bland diaper-rash
ointment.
10. Rubber-
bulk ear syringe with blunt
plastic or rubber tip.
11. Bottle warmer.
1. Clay or play dough.
2. Tempera or finger paints (non-
toxic).
3. Paper (colored and white).
4. Paste (non-toxic).
5. Scraps -- collage materials.
6. Paint brushes.
7. Crayons.
8. Blunt scissors.
9. Aprons-smocks.
10. Dishes, silverware and cups, if
meals are to be served.
11. Wash cloths.
12. Diapers.
13. Covers for changing table.
14. Facial tissues.
15. Soap.
16. Petroleum jelly or bland diaper-
rash ointment.
(Source: Amended at 25 Ill. Reg.5281, effective April 1, 2001)
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Rules 408 – (81)
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Illinois Department of Children and Family Services
Rules 408 – (82)
Section 408.APPENDIX E
Background of Abuse, Neglect, or Criminal History Which May Prevent Licensure or
Employment in a Group Day Care Home
A. The Department makes the presumption that an individual who has been determined to be a
perpetrator of child abuse or neglect involving the allegations listed below, as defined in
Appendix B, Child Abuse and Neglect Allegations of 89 Ill. Adm. Code 300, Reports of
Child Abuse and Neglect is not suitable for work that involves contact with children.
Death
Head injury, brain damage, skull fracture or hematoma
Internal injuries
Wounds (gunshot, knife, or puncture)
Torture
Sexually transmitted diseases
Sexual penetration
Sexual molestation
Sexual exploitation
Failure to thrive
Malnutrition
Medical neglect of disabled infant
A single indicated report of child abuse or neglect that resulted in serious injury to
the child, regardless of the allegations involved
More than one indicated report involving any of the following allegations, regardless
of severity:
Burns or scalding
Poison or noxious substances
Bone fractures
Cuts, bruises, welts, abrasions and unjuries
Human bites
Sprains or dislocations
Tying or close confinement
Substance misuse
Mental and emotional impairment
Substantial risk of physical injury
Inadequate supervision
Abandonment or desertion
Medical neglect
Lock-out
Inadequate food
Inadequate shelter
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Illinois Department of Children and Family Services
Rules 408 – (83)
Inadequate clothing
Environmental neglect
If the licensees/license applicants believes there are unusual circumstances that should be
considered that mitigate the presumption of unsuitability, the licensees/license applicants
may request a waiver of the presumption of unsuitability. Materials to be considered are to
be submitted to the licensing entity.
B. Criminal Convictions Which Prevent Licensure or Employment
If any person subject to background checks has been included in the Statewide Child Sex
Offender Registry or convicted of committing or attempting to commit one or more of the
following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5] or under
any earlier Illinois criminal law or code or an offense in another state, the elements of which
are similar and bear a substantial relationship to any of the criminal offenses specified
below, this conviction will serve as a bar to receiving a license or permit to operate as a
child care facility and from obtaining employment or continuing in employment in a
licensed child care facility that allows access to children as part of the duties.
The offenses that serve as a bar to licensure, residence in a family home in which a child
care facility operates, or employment that allows access to children in any child care
facilities subject to licensing include:
OFFENSES DIRECTED AGAINST THE PERSON
HOMICIDE
Murder
Solicitation of murder
Solicitation of murder for hire
Intentional homicide of an unborn child
Voluntary manslaughter of an unborn child
Involuntary manslaughter
Reckless homicide
Concealment of a homicidal death
Involuntary manslaughter of an unborn child
Reckless homicide of an unborn child
Drug induced homicide
KIDNAPPING AND RELATED OFFENSES
Kidnapping
Aggravated kidnapping
Aggravated unlawful restraint
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Illinois Department of Children and Family Services
Rules 408 – (84)
Forcible detention
Child abduction
Aiding and abetting child abduction
Harboring a runaway
SEX OFFENSES
Indecent solicitation of a child
Indecent solicitation of an adult
Public indecency
Sexual exploitation of a child
Custodial sexual misconduct
Presence within school zone by child sex offenders
Approaching, contacting, residing, or communicating with a child within a public park zone
by child sex offenders
Sexual relations within families
Prostitution
Soliciting for a prostitute
Soliciting for a juvenile prostitute
Solicitation of a sexual act
Pandering
Keeping a place of prostitution
Keeping a place of juvenile prostitution
Patronizing a prostitute
Patronizing a juvenile prostitute
Pimping
Juvenile pimping
Exploitation of a child
Obscenity
Child pornography
Harmful material
Tie-in sales of obscene publications to distributors
Posting of identifying information on a pornographic Internet site
BODILY HARM
Heinous battery
Aggravated battery with a firearm
Aggravated battery of a child
Tampering with food, drugs, or cosmetics
Hate crime
Stalking
Aggravated stalking
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (85)
BODILY HARM (continued)
Threatening public officials
Home invasion
Vehicular invasion
Criminal sexual assault
Aggravated criminal sexual assault
Predatory criminal sexual assault of a child
Criminal sexual abuse
Aggravated sexual abuse
Criminal transmission of HIV
Criminal neglect of an elderly or disabled person
Child abandonment
Endangering the life or health of a child
Ritual mutilation
Ritualized abuse of a child
Drug induced infliction of great bodily harm
Refer to Appendix A of Part 385 for a additional convictions that bar licensure of or employment in
a child care facility.
(Source: Added at 30 Ill. Reg. 18310, effective November 13, 2006)
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Illinois Department of Children and Family Services
Rules 408 – (86)
Section 408.APPENDIX F
Early Childhood Teacher Credentialing Programs
The Department will use the following criteria to review and approve early childhood teacher
credentialing programs:
Eligibility Requirements
1. Candidates must be at least 18 years of age.
2. Candidates must have at least a high school diploma or equivalency (GED).
3. The credentialing program must require a minimum of 640 clock hours of
documented experience within the past 5 years working with children ages zero to 6
in a public or private school operated nursery school, kindergarten or licensed day
care center.
Credentialing Process
The credentialing process must include:
1. The child care director’s recommendation in support of the candidate.
2. A review of the applicant’s interaction with children under direct supervision by an
impartial person.
3. A minimum of 120 clock hours of broad based training that has been completed
successfully and that has been documented. One semester hour of college credits in
early childhood education is equivalent to 15 clock hours of formal in-service
training. This training may be completed through:
A. Early childhood education courses at an accredited college or university; or
B. Documented seminars and workshops pertaining to the growth and education
of children zero to 6 years of age, at educational conferences of recognized
national or state associations, agencies, or educational institutions.
4. Professional resource file or portfolio that demonstrates the understanding of core
professional content areas including, but not limited to, the following:
A. Principles of child growth and development.
B. Planning a safe, healthy learning environment.
C. Advancing children’s physical and intellectual development.
D. Supporting children’s social and emotional development.
E. Establishing productive relationships among family, school, and community.
F. Managing an effective program operation.
G. Maintaining a commitment to professionalism.
H. Observing and recording children’s behavior.
I. Understanding the development of children’s language.
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Illinois Department of Children and Family Services
Rules 408 – (87)
5. An evaluation program that requires a professional review through observation and
written assessment of:
A. Competence in the core professional content areas.
B. Interaction with children in the child care environment.
C. Professional portfolio or file.
D. Required training.
E. Verbal and written communication skills.
6. Observation and final assessment shall be done by an impartial committee or
individual, not by the candidate’s own director/employer.
7. A renewal of the credential shall be required at least every 5 years and shall require
at least 20 additional clock hours of training. One semester hour of college is
considered equivalent to 15 clock hours of formal in-service training.
8. All training shall be documented.
Approved Credentials
Child Development Associate Credential
Council for Early Childhood Professional Recognition
2460 16th Street, N.W.
Washington, DC 20009
1-800-424-4310
Certified Childcare Professional
National Child Care Association
1029 Railroad Street, N.W.
Conyers, Georgia 30207
1-800-543-7161
(Source: Added at 25 Ill. Reg.5281, effective April 1, 2001)
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (88)
Section 408.APPENDIX G Pre-Service and In-Service Training
a) Entities that may provide pre-service and in-service training to meet the
requirements of this Part include, but are not limited to:
1) colleges and universities
2) child care resource and referral agencies
3) Illinois Department of Public Health or local health departments
4) Office of the State Fire Marshal or local fire department
5) Illinois Department of Children and Family Services
6) Illinois Department of Human Services
7) state or national child care or child advocacy organizations
8) national, state or local family day care home associations
9) Child and Adult Care Food Program sponsors
10) Healthy Child Care Illinois nurses
11) American Red Cross, American Heart Association and other providers of
first aid and CPR training that have been approved by the Illinois Department
of Public Health
b) Topics or courses to meet the in-service training requirements include, but are not
limited to:
1) child care and child development
2) guidance and discipline
3) first aid and CPR
4) symptoms of common childhood illness
5) food preparation and nutrition
6) health and sanitation
7) small business management
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (89)
8) child abuse and neglect
9) working with parents and families
10) caring for children with disabilities
11) information about asthma and its management
12) Sudden Infant Death Syndrome (SIDS) education (training is required for
new applicants to care for newborns and infants, and every three years
thereafter for the life of the license)
13) service obligations under the federal Americans With Disabilities Act (ADA)
14) Shaken Baby Syndrome (training is required for new applicants and
assistants licensed to care for newborns and infants, and every three years
thereafter for the life of the license)
15) Department approved Mandated Reporter Training (available on the
Department's website; training is required for new applicants and assistants)
16) Sudden Unexpected Infant Death (SUID) (training is required for new
applicants and assistants licensed to care for newborns and infants, and
every three years thereafter for the life of the license)
c) Training
1) Pre-service and in-service training may be acquired through the following:
A) attending college or university or vocational school classes (clock
hours spent in the classroom are counted)
B) attending conferences or workshops (certificate or other proof of
attendance, clock hours and subject matter is required.)
C) attending state or local child care association meetings when a
specific training program is provided by a guest speaker or group
member (documentation of attendance, subject matter and clock
hours is required.)
D) in-home training by a Child and Adult Care Food Program sponsor
representative, nurse or other trainer (documentation must include the
topic and the clock hours.)
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Illinois Department of Children and Family Services
Rules 408 – (90)
E) self-study materials provided by a child care resource and referral
(CCR&R) agency (certification of clock hours must be secured from
the CCR&R.)
F) internet home study programs if the internet site provides
documentation of use and number of clock hours
G) Mandated Reporter Training may be acquired through the
Department’s website at:
https://www.dcfstraining.org/manrep/index.jsp”
H) viewing of the approved video offered by the National Institutes of
Health Back to Sleep Campaign for SIDS and sleeping position of
infants
2) The training instructor, speaker or president of the child care organization
sponsoring the training, may sign the documentation of completion. The
child care resource and referral (CCR&R) agency must sign and provide
documentation of completion for self-study materials, and the internet site
must provide documentation for home study programs.
d) Licensed providers shall meet the 15 clock hour requirements for in-service training
per period of licensing year. Caregivers obtaining clock hours in excess of the
required 15 clock hours per year may apply up to 5 clock hours to the next year's
training requirements.
e) Courses/training approved by the Department in carrying for children with
disabilities must include the following component:
• Introduction to Inclusive Child Care
• Understanding Child Development in Relation to Disabilities
• Building Relationships with Families
• Preparing for and Including Young Children in the Child Care Setting
• Community Services for Young Children with Disabilities (including
Early Intervention services)
(Source: Amended at 40 Ill. Reg.10808, effective July 29, 2016)
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Illinois Department of Children and Family Services
Rules 408 – (91)
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Illinois Department of Children and Family Services
Rules 408 – (92)
Section 408.APPENDIX H Chart of Number and Ages of Children Served
408.65
Caregiver Alone
Caregiver &
Assistant (Assistant
must be 18 or older)
Extended Capacity (2
Assistants must be
present)
Total
a)
1) 8 children under
age 12
8
of those 8:
5 under age 5
of those 5:
3 under 24
months
2) 8 children under
age 12
8
of those 8:
6 under age 5
of those 6:
2 under 30
months
3) 8 children under
age 12
8
of those 8:
0 under age 3
4) 12 school-age
children
12
(ages 6 through
12, or age 5 if in
full day
kindergarten)
b)
1) 12 children ages
12
3 through 6
2) 12 children under
age 12
12
of those 12:
6 under 30
months of age
of those 6:
4 under 15
months of age
c)
12 children: see (b)(1)
and (2) above, plus:
2) 4 school-agers
with 1 full time and
one part time
16
LICENSING STANDARDS FOR DAY CARE HOMES
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Illinois Department of Children and Family Services
Rules 408 – (93)
408.65
Caregiver Alone
Caregiver &
Assistant (Assistant
must be 18 or older)
Extended Capacity (2
Assistants must be
present)
Total
assistant; or
3) (Through
7/01/25): 2 children
ages 30 months of
age or older; and
2 school-
age children,
with 2
adult assistants
present
16
(Source: Amended at 48 Ill. Reg. 5963, effective April 3, 2024)
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Illinois Department of Children and Family Services
Rules 408 – (94)
Section 408. APPENDIX I List of Items for Fire Safety Inspection
The Department shall notify the Office of the State Fire Marshal (OSFM) of the name and
address of a group day care home initial licensure applicant. The following list of items shall
be inspected by OSFM, or by a supervising agency licensing representative trained by OSFM
to conduct fire safety inspections for licensure, license renewal or annual monitoring:
1. The paths of escape including doors and escape windows from the home are kept
operable and clear from obstruction (see Section 408.30(d))
2. Smoke detectors are provided on each level of the home (including basements and
second floors even if they are not used for child care) and in any room where children
are allowed to nap or sleep (see Section 408.30(a)(4)(A))
3. Smoke detectors are functioning (detected by pushing the test button)(see Section
408.30(a)(4)(A))
4. Locks and deadbolts to exterior doors are operable without the use of a key, tool or
special knowledge to open the door from inside the home to exit to the outside (see
Section 408.30(b)(7))
5. Occupants shall be able to escape the home without having to activate more than 2
releasing devices (e.g. door knobs, deadbolts, thumb-turn lock) on any door to the
outside (see Section 408.30(b)(6))
6. Bathroom doors shall be able to be opened by staff from outside the room if
necessary (see Section 408.30(b)(4))
7. Closet doors shall be able to open from inside the closet without the use of a key (see
Section 408.30(b)(5))
8. Paths of escape from the home have operable lighting (light bulbs are in place and
functioning) (see Section 408.30(b)(3))
9. Protective covers for all electrical receptacles are provided in areas occupied by
children (see Section 408.30(a)(3))
10. Heating equipment in spaces occupied by children are separated by partitions,
screens or other means to protect children from hot surfaces and open flames (see
Section 408.30(a)(8))
11. Carbon monoxide detectors are installed and operable in areas occupied by children
(see Section 408.30(a)(5))
Operating Requirements (renewal and subsequent monitoring visits)
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Illinois Department of Children and Family Services
Rules 408 – (95)
12. There is a comprehensive written fire emergency response plan in the home (see
Section 408.30(q)
13. There are emergency egress and relocation monthly drills conducted by the caregiver
with children participation (see Section 408.30(q)(4))
14. Monthly basic fire prevention inspections of the home are conducted by the caregiver
or staff members in the home (see Section 408.30(b)(9))
15. Daily fire prevention inspections are done by the caregiver or staff to ensure that
escape paths are clear and exit doors and escape windows are operable (see Section
408.30(b)(10))
16. Corridors are clear of clothing and personal effects (see Section 408.30(b)(1))
17. Flammable and combustible artwork and teaching materials attached directly to the
walls are limited to no more than 20% of the wall area (see Section 408.30(a)(14))
18. Caregiver and staff are awake and alert when children are present in the home (see
Section 408.35(k))
(Source: Amended at 34 Ill. Reg. 18411, effective December 15, 2010)
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Illinois Department of Children and Family Services
Rules 408 – (96)
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1
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2020.15
RULES 406 LICENSING STANDARDS FOR DAY CARE HOMES
RULES 407 LICENSING STANDARDS FOR DAY CARE CENTERS
RULES 408 LICENSING STANDARDS FOR GROUP DAY CARE HOMES
DATE: October 19, 2020
TO: All Day Care Licensing Representatives, Supervisors and Administrators
FROM: Marc D. Smith, Acting Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to issue changes to group size during Phase IV of
Restore Illinois to Rules 406, 407 & 408.
In light of the extreme circumstances related to COVID-19 and the need to ensure that the
health and safety of children is protected through social distancing, this policy guide is
adopted to allow day care homes, day care centers, and group day care homes to increase
group size to serve additional parents and caregivers.
II. PRIMARY USERS
Primary users include DCFS Day Care Licensing Representatives, Supervisors and
Administrators, licensed Day Homes, licensed Day Care Centers, and licensed Group Day
Care Homes.
III. BACKGROUND AND SUMMARY
DCFS has responded to the challenges COVID-19 has presented through Emergency and
permanent rulemaking for those facilities licensed as Day Care Homes, Day Care Centers
and Group Day Care Homes. As the Department transitions from Emergency Rules for all
day care facilities, policy guides will provide revisions to these rules to respond to the
changing conditions the COVID-19 pandemic present. The Department will continue to
post updated guidance that all day care programs are urged to follow, based on
recommendations from the Centers for Disease Control and Illinois Department of Public
Health.
2
IV. INSTRUCTIONS
A. Grouping and Staffing Day Care Homes, Day Care Centers and Group Day
Care Homes:
Grouping and staffing limits shall be in accordance with CDC and IDPH guidelines
during Phases IV as follows:
1) Children must remain with the same group each day while in care.
2) Groups must not be combined at any time.
3) Required Ratios and Maximum Group Sizes. In order to provide the level
of supervision necessary to adhere to the health and safety requirements
established by the Illinois Department of Public Health in response to the
COVID-19 pandemic, the following staff-to-child ratios must be
maintained at all times during the program day.
B. Day Care Home Numbers and Ages
Day
Care
Homes
Minimum Staff to Child Ratio
Maximum Group Size (Children)
Mixed
Group
1 Caregiver alone 8 children
8 children
(includes the caregiver’s own children under
the age of 12)
Mixed
Group
Caregiver and 1 Assistant
8 children plus 2 school aged children
= 10 children
8 children plus 2 school aged children = 10
children
(this includes caregiver’s own children under
the age of 12 and additional 2 children
fulltime-enrolled school age children)
This will remain the same, the maximum capacity for Day Care Homes is 8 and
then if they have been granted the extended 4 school-age capacity.
C, Group Day Care Home Numbers and Ages
Group Day Care
Home
Minimum Staff to Child Ratio
Maximum Group Size
(Children)
Mixed Group
1 Caregiver alone 8 children
8 children
(includes the caregiver’s own
children under the age of 12)
Mixed Group
Caregiver and Assistant 12 children
12 children plus 2 school aged
children = 14 children
(this includes caregiver’s own
children under the age of 12 and
additional 2 children fulltime-
enrolled school age children)
The Maximum capacity with an assistant is 12 and then if they have been granted
the extended 4 school-age capacity it would be under traditional rule 16.
3
D. Day Care Center Grouping and Staffing
Day Care Centers may choose to staff classrooms with a qualified early childhood
assistant for up to 3 hours of their program day and should document such in the
program’s Enhanced Staffing Plan and must comply with these staff to child ratios:
Ages
Minimum Staff to Child ratio
Maximum Group Size
(Children)
Infant
1:4 (Stay the same any increase
would require additional staff)
8
Toddler
1:5
14
Two
1:8
14
Three
1:10
17
Four
1:10
17
Five
1:17
17
School-agers
1:20
20
V. REVISED DAY CARE GUIDANCE
The Day Care and License Exempt School Age Guidence has been updated as of October
19, 2020. The revised Guidance is attached to this Policy Guide and is posted to the DCFS
Website.
VI. QUESTIONS
Licensee holders may direct questions to their Licesning Representatiave. Applicants may
direct questions to their local day care licensing office. Licensing staff should direct
questions to their supervisory chain-of-command. All others may direct their questions to
the Office of Child and Family Policy via Outlook at DCFS.Policy. Non-Outlook users
may e-mail questions to [email protected].
VII. FILING INSTRUCTIONS
File this Policy Guide immediately behind Rules 406, Licensing Standards for Day Care
Homes; Rules 407, Licensing Standards for Day Care Centers; and Rules 408, Licensing
Standards for Group Day Care Homes.
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1
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2020.02
LIMITATIONS ON USE OF RECREATIONAL AND MEDICAL CANNABIS
IN CHILD WELFARE PRACTICE
DATE: January 3, 2020
TO: DCFS and Private Agency Licensing Staff
FROM: Marc D. Smith, Acting Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to provide DCFS and Purchase of Service (POS)
Agency staff with information regarding limitations that apply to the lawful use
(possession, consumption, storage) of recreational and medical cannabis as it pertains to
child welfare practice.
The Department will propose amendments to rules and procedures affected by these
statutes in the near future.
II. PRIMARY USERS
The primary users of this Policy Guide are Department and POS Agency licensing staff.
Definitions:
“Cannabis” has the definition as assigned in the Cannabis Regulation and Tax Act. [410
ILCS 705]
“Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical
formulation, or another product containing cannabis that is not intended to be smoked as
defined in the Cannabis Regulation and Tax Act. [410 ILCS 705]
“Child Care Facility” means a child care facility as defined in the Child Care Act. [225
ILCS 10]
“Medical cannabis” means cannabis products that are acquired for “medical use” as that
term is defined in the Compassionate Use of Medical Cannabis Program Act. [410 ILCS
130]
2
III. SUMMARY OF ILLINOIS LAW
The Illinois Cannabis Regulation and Tax Act and the Compassionate Use of Medical
Cannabis Program Act regulate the possession, consumption and storage of recreational
and medical cannabis. The Cannabis Regulation and Tax Act was amended, effective
January 1, 2020, to permit the recreational use of cannabis in Illinois.
These Acts also contain limitations on the possession, consumption and storage of
recreational and medical cannabis in or near licensed and unlicensed child care facilities,
in vehicles and in the presence of persons under 21 years of age.
These Acts allow for an individual to use any type of cannabis and continue to be eligible
for initial or renewal of licensure for any type of child care facility; this includes unlicensed
relative foster homes and employees of any licensed and unlicensed child care facility.
These Acts provide numerous limitations on the use and possession of cannabis
(which includes cannabis-infused products) as it relates to child care. For example,
the Acts DO NOT PERMIT:
• Undertaking any task under the influence of cannabis when doing so would
constitute negligence, professional malpractice, or professional misconduct;
• Possessing cannabis in a private residence that is used at any time to provide
licensed or unlicensed child care (day care and foster care) or other similar social
service care on the premises;
• Using cannabis in a private residence that is used at any time to provide licensed or
unlicensed child care (day care and foster care) or other similar social service care
on the premises;
• Using cannabis in any public place;
• Using cannabis knowingly in close physical proximity to anyone under 21 years of
age who is not a registered medical cannabis patient under the Compassionate Use
of Medical Cannabis Pilot Program Act;
• Smoking cannabis in any place where smoking is prohibited under the Smoke Free
Illinois Act;
• Facilitating the use of cannabis by any person who is not allowed to use cannabis
under either the Cannabis Regulation and Tax Act or the Compassionate Use of
Medical Cannabis Program Act;
• Using cannabis in any motor vehicle; or
• Possessing (driver or passenger) cannabis in a motor vehicle except in a sealed,
odor-proof, child-resistant cannabis container.
Any violation of these laws may subject the violator to civil or criminal penalties.
3
IV. QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at DCFS.Policy. Non-Outlook users may e-mail
questions to DCFS.Policy@illinois.gov.
V. FILING INSTRUCTIONS
File this Policy Guide immediately following Rules:
Rules 401, Licensing Standards for Child Welfare Agencies;
Rules 402, Licensing Standards for Foster Family Homes;
Rules 403, Licensing Standards for Group Homes;
Rules 404, Licensing Standards for Child Care Institutions and Maternity Centers;
Rules 406, Licensing Standards for Day Care Homes;
Rules 407, Licensing Standards for Day Care Centers;
Rules 408, Licensing Standards for Group Day Care Homes;
Rules 409, Licensing Standards for Youth Transitional Living Programs;
Rules 410, Licensing Standards for Youth Emergency Shelters; and
Rules 411, Licensing Standards for Secure Child Care Facilities.
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DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2016.03
Staff Immunizations in Licensed Day Care Facilities
DATE: March 7, 2016
TO: Rules and Procedures Bookholders, DCFS and Private Agency Licensing
Staff
FROM: George H. Sheldon, Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to inform all day care licensing staff of recent
legislation that requires specific child care staff to show proof/documentation of certain
immunizations. In the coming months, day care licensing rules will be amended to reflect
this statutory change.
II. PRIMARY USERS
The primary users of this Policy Guide are Department and POS licensing and placement
staff.
III. BACKGROUND AND SUMMARY
Any alleged violation of statute needs to be taken as a licensing complaint and processed
accordingly. Until the rules are amended, violation codes will be identified per section of
the Child Care Act as noted below:
Child Care Act, Section 4.6 (amended by P.A. 99-267)
Effective, 1/1/16, any staff person employed by a child care facility licensed to care for
children ages 6 weeks through six years old is required to show proof/documentation of
having received the following:
• One dose of the Tdap (tetanus, diphtheria, pertussis) and
• 2 doses of the MMR (measles, mumps, rubella), or
• Shows proof of immunity to MMR (DCFS will require physician’s written signature)
Violation Codes
• Staff person does not have documentation of Tdap in file: CCASEC46i
• Staff person does not have documentation of MMR or proof of immunity:
CCASEC46ii
Licensing staff shall immediately begin implementing the new standards outlined in this
Policy Guide.
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IV. Frequently Asked Questions
What is Tdap?
Tdap is short for tetanus (lockjaw), diphtheria and pertussis (whooping cough). If you’re
between the ages of 19 and 64, you should have had at least one single dose. If you’re
age 65 or older and have not previously had a Tdap vaccination, you will need to receive
one Tdap vaccination. A Tdap usually lasts around 7 years, so if it’s been longer than
that since your last one, you will need a booster.
What is MMR?
MMR stands for mumps, measles and rubella. Anyone born after January 15, 1957 who
has not had at least one measles vaccination after their first birthday OR who has never
had the measles should be immunized. MMR immunizations are two doses, usually one
month apart. Two doses of MMR vaccine should be all you need. If you had measles,
discuss this with your healthcare provider—acquired immunity after illness is permanent.
Children cannot start receiving MMR vaccinations until they are 1 year of age, so it is
especially important that their caregivers be health and protected themselves.
Who does this rule change affect?
Anyone employed by a child care facility that care for children ages six and under. This
means:
Day Care/Group Day
Care Homes
Day Care Center
Licensees
Directors
Substitutes
Teachers
Assistants
Assistants
Volunteers
Support Staff, Volunteers, Substitutes
When does this rule change take affect?
The change to the Illinois Child Care Act takes effect 1-1-16. The amendment process to
add new rules to existing home and center standards minimally takes 9-12 months, so for
a time, DCFS will continue to inform center and home licensees and their staff about the
new law and the expectations that the coming rule change.
What does the new law require?
• Proof of having had 1 Tdap (tetanus, diphtheria and pertussis) vaccination AND
• 2 MMR (mumps, measles, rubella) vaccinations
How do I show I’ve had the shots before or that I’m immune?
Your physician will have your healthcare history and can sign off on the CFS 602,
Medical Report on and Adult in a Child Care Facility, to attest that either your
previous immunizations OR for MMR, that a blood test indicates you are still immune.
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What if my doctor says I shouldn’t get them?
DCFS will not require something that your physician or healthcare provider says is not
medically indicated. The CFS 602, Medical Report on an Adult in a Child Care
Facility, has been changed to include a section for your physician to record his or her
medical recommendation that it is not in your best interest to receive one or both of these
immunizations.
What if I don’t want to get more immunizations?
There is no test which can substitute for the Tdap, however, there is a blood test which
can indicate proof of immunity which would substitute for the MMR vaccinations—
however, this test is very costly.
How do I prove I’ve had the immunizations in the past?
Talk with your healthcare provider. They should have your previous health and
immunization records.
What if I’m pregnant?
Pregnant women should not receive the MMR and must wait for appx. 6-8 weeks after
delivery to receive their immunizations. To be safe, talk to your healthcare provider.
What if I don’t believe in vaccinations?
There is no exclusion for personal choice. The law requires all caregivers to be
immunized or show proof of immunity. It is very important for the protection of
children, especially infants, that caregivers be healthy. Numerous cases of whooping
cough and measles were identified in Illinois last year so provider immunizations have
been identified as an important line of defense—for children and adults.
What if I can’t afford to get these immunizations?
Check with your insurance company, the local health Department, or your healthcare
provider. There are some healthcare plans that will cover adult immunizations at a free
or reduced price and there are some programs such as Vaccines for Adults through the
IDPH, that can provide immunizations for the underinsured.
V. REVISED FORM
CFS 602, Medical Report on an Adult in a Child Care Facility (Rev 3/2016)
This form may be ordered from Central Stores in the usual way, and is also available on
the “T” Drive and DCFS Website.
VI. FURTHER QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at OCFP – Mailbox. Non Outlook users may e-
mail questions to cfpolic[email protected].
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VII. FILING INSTRUCTIONS
File this Policy Guide immediately following Part 406, Licensing Standards for Day
Care Homes, Part 407, Licensing Standards for Day Care Centers, and Part 408,
Licensing Standards for Group Day Care Homes.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2016.02
Legislative Update for Licensed Day Care Facilities
DATE: March , 2016
TO: Rules and Procedures Bookholders, DCFS and Private Agency Licensing
Staff
FROM: George H. Sheldon, Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to inform all day care licensing staff of recent
legislation that provides new regulations for licensed day care facilities that the
Department of Children & Family Services monitors. In the coming months, day care
licensing rules will be amended to reflect these statutory changes.
II. PRIMARY USERS
The primary users of this Policy Guide are Department and POS licensing and placement
staff.
III. BACKGROUND AND SUMMARY
Any alleged violation of statute needs to be taken as a licensing complaint and processed
accordingly. Amendments to respective rules will be proposed to add the language in the
Policy Guide. Until the rules are amended, violation codes will be identified per section
of the Child Care Act or Food Handling Regulation Enforcement Act as noted below:
Child Care Act, Section 5.5 (amended by P.A. 99-343)
Effective August 11, 2015, based upon U.S. government findings regarding second hand
smoke and its special risks to children’s health, the following shall be monitored,
recorded and regulated:
• It is a violation for any person to smoke tobacco in any area of a licensed day care
center, day care home or group day care home. This includes smoking in a licensed
day care facility outside of times of operation and/or when children are not present. It
also includes any area of a licensed day care facility that is not licensed specifically
for childcare, but is part of the same structure.
• It is a violation for any person responsible for the operation of the licensed day care
facility to knowingly allow, or encourage anyone to smoke in a licensed day care
facility. This includes any person who is the owner, director and/or teacher of the
licensed child care facility.
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Violation Codes
• Smoking in a licensed day care center: CCASEC55b
• Smoking in a licensed day care home or group day care home: CCASEC55c
• Allowing or encouraging a person to smoke in any licensed day care facility:
CCASEC55
Child Care Act, Section 7 (j) (amended by P.A. 99-143)
Effective July 27, 2015, the Department shall accept, in lieu of a high school diploma or
GED, the following documentation from an applicant for a day care home license:
A degree, license or certificate earned from an institution of higher learning or vocational
institution that is accredited by an agency recognized by the government.
Violation Code
No documentation of a valid post-secondary degree, license or certificate: CCASec7a.
Food Handling Regulation Enforcement Act, Sections 3, 3.05 & 3.06 (amended by
P.A. 98-566 and P.A. 99-62)
Effective July 16, 2015, the following requirements pertain to all licensed day care
facilities:
• Staff who work with unpackaged food, food equipment or utensils, or food-contact
surfaces must have food handling training that is approved by IDPH;
• Exemption for staff with a Food Service Sanitation Manager Certificate and unpaid
volunteers;
• Training courses must be approved by American National Standards Institute (ANSI)
or the Illinois Department of Public Health;
• Local Health Departments must have their food handling training curriculum
approved by the Illinois Department of Public Health;
• Training must be completed every 3 years;
• Proof of Training must be documented and kept on-site at the licensed day care
facility;
• Food Handling Certificates are not issued by the State, so documentation of the
approved training must be completed by the training entity;
• Trainers may be persons who have taken the training and passed an assessment, as
long as the curriculum being used has been approved and there is an assessment
component;
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• Training taken by food handlers is not transferrable between licensed day care
facilities;
• Employers are not “required” to pay for their staff’s food handler’s training
• Food Handler Training shall be completed by 7/1/16;
• Enforcement of Law shall consist of education and notification, from 7/1/16-
12/31/16; and
• Full Enforcement begins on 1/1/17, i.e. violation substantiated, with corrective plan.
Violation Code
• No documentation of required food handling training: FHsec305
Licensing staff shall immediately begin implementing the new standards outlined in this
Policy Guide.
IV. QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at OCFP – Mailbox. Non Outlook users may e-
mail questions to cfpolic[email protected]te.il.us.
V. FILING INSTRUCTIONS
File this Policy Guide immediately following Part 406, Licensing Standards for Day
Care Homes, Part 407, Licensing Standards for Day Care Centers, and Part 408,
Licensing Standards for Group Day Care Homes.
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DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2015.10
EDUCATIONAL DOCUMENTATION IN DAY CARE HOMES
DATE: June 18, 2015
TO: DCFS and Private Agency Licensing Staff
FROM: George H. Sheldon, Acting Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to inform Department and Purchase of Services
(POS) licensing staff of new requirements, which are consistent with Public Act 98-0817,
regarding educational documentation in day care homes.
II. PRIMARY USERS
The primary users of this policy guide are Department and POS foster home licensing
staff.
III. BACKGROUND
Public Act 98-0817, effective January 1, 2015, amends the Child Care Act to include the
following language: “Any standard adopted by the Department that requires an
applicant for a license to operate a day care home to include a copy of a high school
diploma or equivalent certificate with his or her application shall be deemed to be
satisfied if the applicant includes a copy of a high school diploma or equivalent
certificate or a copy of a degree from an accredited institution of higher education or
vocational institution or equivalent certificate.”
This Policy Guide summarizes the Department’s guidelines for implementing this change
IV. SUMMARY
The Department’s Licensing Standards for Day Care Homes and Group Day Care Homes
currently require the application for license to include a copy of the applicant’s high
school diploma or equivalent certification.
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As of January 1, 2015, the Department shall accept any of the following documents as proof that
minimum education requirements are met when issuance comes from a public school system or
accredited private institution:
· High School Diploma;
· General Education Development Certificate;
· Degree from a College or University; or
· Certificate or degree from career/vocational schools where a high school diploma
or documentation of general education development is a pre-requisite for
admission.
Foreign credentials must be translated into English and have additional documentation
providing a statement of the equivalency in the U.S. educational system.
The Department will propose amendments to rules 406 and 408 to promulgate this statute
and comport with this Policy Guide. Licensing staff shall immediately implement the
new standards.
V. QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at OCFP – Mailbox. Non Outlook users may e-
mail questions to cfpolic[email protected]te.il.us.
VI. FILING INSTRUCTIONS
File this Policy Guide immediately following Rules 406, Licensing Standards for Day
Care Homes and Rules 408, Licensing Standards for Group Day Care Homes.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
POLICY GUIDE 2015.05
DAY CARE STAFF IMMUNIZATION GUIDELINES
DATE: March 18, 2015
TO: DCFS Child Welfare and Licensing Staff and Supervisors
FROM: George H. Sheldon, Acting Director
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Policy Guide is to inform Day Care Licensing staff of new
Department policy concerning immunizations of staff at licensed day care centers and
homes, which are consistent with guidelines established by public health entities.
II. PRIMARY USERS
The primary users of this policy guide are DCFS Day Care Licensing Staff and
Supervisors.
III. BACKGROUND
The Department’s licensing standards currently require newly employed day care staff to
submit a physical examination report, no m ore than six months from their employment
date, that provides evidence that they are free of communicable disease, including active
tuberculosis, and physical or mental conditions that could affect their ability to perform
assigned duties. Staff must have physical re-examinations every 2 years and whenever
communicable disease or illness is suspected. The standards are silent on whether staff
must be up-to-date on immunizations.
IV. SUMMARY
Through this Policy Guide, the Department now requires that day care centers and homes
include a staff vaccination policy, consistent with guidelines from the Centers for Disease
Control, in the written risk management plan described in subsection 407.70(k) for day
care centers, or hazard protection plans described in subsections 406.4.(b)(1)(F) for day
care homes or 408.10(b)(1)(G) for group day care homes. Form CFS 602, Medical
Report on an Adult in a Child Care Facility, has been revised to ascertain whether the
examining physician has discussed the importance of immunizations with the adult child
care provider being examined. Licensing staff shall discuss this new policy with
providers during licensing visits to ensure subsequent compliance.
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The Department will propose amendments to Part 407, Licensing Standards for Day
Care Centers, Part 406, Day Care Home Licensing Standards, and Part 408, Group
Day Care Home Licensing Standards to comport with this Policy Guide. Licensing
staff shall immediately implement this new policy. The revised CFS 602, Medical
Report on an Adult in a Child Care Facility, may be ordered from Central Stores and
is available thru Templates and D-net.
V. QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at OCFP – Mailbox. Non Outlook users may e-
mail questions to cfpolicy@idcfs.state.il.us.
VI. FILING INSTRUCTIONS
File copies of this Policy Guide immediately following Rules 407, Licensing Standards
for Day Centers, Rules 406, Day Care Home Licensing Standards, and Rules 408,
Group Day Care Home Licensing Standards.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
INFORMATION TRANSMITTAL
DATE: June 22, 2018
TO: All Department and Purchase of Service Agency Staff
FROM: Roxanne Lizcano, Deputy Director Licensing
EFFECTIVE: Immediately
I. PURPOSE
The purpose of this Information Transmittal is to provide DCFS Licensing with
clarification of how licensing staff are to conduct practice regarding medical cannabis
that is approved by a physician, per the Compassionate Use of Medical Cannabis Pilot
Program Act.
II. DEFINITIONS
“Cannabis” as defined in the Cannabis Control Act [720 ILCS 550/3(a)]
“Child Care Facility” as defined in the Child Care Act [225 ILCS 10/2.05]
III. SUMMARY OF LEGISLATION
Medically prescribed cannabis is legal in Illinois under the Compassionate Use of
Medical Cannabis Act [410 ILCS 130/1]. There is nothing in the Act that prevevents a
user of medically prescribed cannabis from being a foster parent or child care licensee
however, there are sections of that law that apply to foster parents and child care
licensees.
The law requires that 1) no person may possess cannabis in a private residence used to
provide licensed child care or other similar social services on the premises and 2) no
person may use cannabis in a private residence used at any time to provide day care or
other similar social services on the premises.
IV. PROCEDURES
For licensees, applicants for licensure, household members, employees, volunteers and
contractual providers who are currently approved by a licensed physician to use medical
cannabis, a written, signed and dated plan for compliance with Licensing Standards and
The Compassionate Use of Medical Cannabis Pilot Program Act, is required.
The applicant or licensee shall provide proof of physician authorization for use and
document where the medical cannabis will be stored and ingested. Documentation for
foster family homes shall be placed on CFS 452-7. Documentation for day care centers
shall be placed on the Risk Management Plan. Documentation for day care homes/group
day care homes shall be placed on the Hazard Plan.
V. QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family
Policy at 217-524-1983 or via Outlook at DCFS.Policy. Non Outlook users may e-mail
questions to DCFS.Policy@illinois.gov
VI. NEW FORM
The following form is available on templates and can be ordered in the usual manner.
CFS 452-7: Compliance with the Compassionate Use of Medical Cannabis Pilot Program
Act – Child Care Facility
VII. FILING INSTRUCTIONS
File this Information Transmittal immediately following:
Rule 402, Licensing Standards for Foster Family Homes;
Rules 406, Licensing Standards for Day Care Homes;
Rules 407, Licensing Standards for Day Care Centers; and
Rules 408, Licensing Standards for Group Day Care Homes.
