Ill. Admin. Code tit. 89 § 412.50

Current through Register Vol. 48, No. 43, October 25, 2024

Section 412.50 - Grounds for Suspension, Revocation or Refusal to Reinstate a License

a) Causes for Licensure Action

The Board may suspend, revoke or refuse to reinstate, and the Department may refuse to issue, any license issued by the Department for any of the following acts:

1) violation or negligent disregard of this Part;

2) a charge or criminal conviction of any offenses stipulated under the Criminal Code of 2012 and listed in Section 4.2 of the Child Care Act (a pending charge may result only in suspension or temporary refusal to reinstate);

3) making any material misrepresentation relevant to obtaining a license, including, but not limited to, failure to certify on the form, or a false statement, that the applicant is not more than 30 days delinquent in complying with a child support order;

4) an egregious act that demonstrates incompetence, unfitness or blatant disregard for one's duties in providing direct child welfare services;

5) a pattern of deviation from a standard of child welfare practice that could result in an injury to a child or a pattern of dishonesty that places State funds or records at risk;

6) aiding or assisting another person in violation of any provision of this Part;

7) failing to provide information or documents regarding a licensure investigation or license within 30 days after a written request by the OIG or the Department;

8) habitual or excessive use of, or addiction to, alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a worker's inability to practice with reasonable judgment, skill or safety. This shall not include any person who has sought, will seek or is receiving substance abuse treatment if it does not impact on his or her ability to practice with reasonable judgment, skill or safety;

9) discipline by another state or national licensing entity when the grounds for suspension, revocation or refusal to reinstate are substantially the same as at least one of the grounds established in this Section;

10) falsification of case records, court reports or court testimony;

11) failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act (ANCRA) [325 ILCS 5 ];

12) being named as an alleged perpetrator in a pending child abuse or neglect report;

13) being named as a perpetrator in an indicated report by the Department under ANCRA unless or until the indication is reversed on appeal or administrative court review in accordance with 89 Ill. Adm. Code 336 (Appeal of Child Abuse and Neglect Investigation Findings); or

14) has not been convicted of more than two offenses against traffic regulations governing the movement of vehicle within a 12-month period or being convicted of reckless driving, driving under the influence of alcohol or other drugs, or manslaughter or reckless homicide resulting from the operation of a motor vehicle.

b) Other Causes for Licensure Action

The Department shall refuse to issue and the Board may suspend, revoke or refuse to reinstate any license for the following causes:

1) Mental Health and Developmental Disabilities

Involuntary admission of a licensee to a mental health facility as provided in the Mental Health and Developmental Disabilities Code [405 ILCS 5 ] shall result in an automatic suspension of his or her license by the Board. The license may be reinstated by the Board after a court finding that the licensee is no longer subject to involuntary admission;

2) Delinquent Compliance with a Child Support Order

Upon a final finding of delinquency or failure to comply with a subpoena or warrant, the Department shall refuse to issue a license to, or the Board shall refuse to reinstate or shall suspend or revoke the license of, a person who is more than 30 days delinquent in paying a child support order as specified in Section 10-65 of the Illinois Administrative Procedure Act. The license may be reinstated by the Board after a finding that the licensee is no longer delinquent in paying a child support enforcement order;

3) Default of Educational Loan

The Department shall refuse to issue and the Board shall refuse to reinstate, or shall suspend or revoke, the license of a person who is found to be in default of an educational loan in accordance with Section 2 of the Educational Loan Default Act. The license may be reinstated by the Board after a finding that the licensee is no longer in default of the educational loan; or

4) Transporting a Child without a Valid Driver's License

The Board shall immediately revoke the license of any employee who, in the course of performing his or her duties, has transported a child or children with a motor vehicle without having a valid driver's license.

Ill. Admin. Code tit. 89, § 412.50

Amended at 26 Ill. Reg. 16461, effective October 23, 2002

Added at 39 Ill. Reg. 7609 , effective 5/15/2015.