Background Check
Process
The Background
Check is required for all eligible individuals living or working in a licensed
childcare facility who may have unrestricted or unsupervised access to children
in care, and in accordance with the Federal Child Care Development Grant
(CCDBG), all new and existing child care employees, including those under 18
who are employed at a day care program. At present Illinois fingerprinting and
background checks are free to applicants, household members, and employees of
licensed, eligible unlicensed and eligible licensed-exempt facilities. Individuals
who have lived outside of Illinois within the last 5 years are subject to
interstate background check subject to the requirements of those states. The
background check process cannot be used by employees of non-licensed programs
operated by the licensee or it’s umbrella agency.
There are two types of background checks.
Individuals subject to Partial
Background Check
·
Volunteers and
household members age 13 through 17 years of age should complete a 718
Authorization for background Check and a partial check will be conducted by
DCFS. This form should be submitted to the licensing representative assigned to
the Child care home or center. The
background check for age 13-17 will consist of a check of the Illinois Child
Abuse and Neglect Tracking System (CANTS) and Illinois Sex Offender Registry
(SOR) and those of any state in which the individual has lived within the past
5 years.
Components of the Partial Background
Check
·
Illinois Child
Abuse and Neglect Tracking System (CANTS)
·
Illinois Sex
Offender Registry (SOR)
·
and those of any
state in which the individual has lived within the past 5 years.
Individuals subject to Comprehensive
Criminal Background Check
·
Individuals
employed by a child care provider for compensation, including those between the
ages of 14 through 17, contract employees or self-employed individuals;
·
Individuals whose
activities involve the care or supervision of children for a child care
provider or unsupervised access to children who are cared for or supervised by
a child care provider
·
Any individual
residing in a family child care home who is age 18 and older.
Components of Comprehensive Background
Check include a search of:
·
Illinois Child Abuse and Neglect System (CANTS)
·
Illinois Sex Offender Registry (SOR)
·
Illinois State Police Criminal History Check
·
National Sex Offender Registry (NSOR)
·
National FBI Criminal Fingerprint Search
·
The National Crime Information Center (NCIC)/National
Sex Offender Registry upon implementation in Illinois by the Illinois State
Police
·
A search of the following registries,
repositories, or databases in the state where the child care staff member
resides and each state where the staff member resided during the preceding 5
years:
1.
State criminal registry or repository, with
the use of fingerprints required in the state where the staff member resides
and optional in other states
2.
State sex offender registry or repository
3.
State child abuse and neglect registry and
database
The
Comprehensive Background Check is to be completed every five years, except for
interstate checks. Since Illinois
license period is three years, the Comprehensive Background Check will take
place during the Renewal of license.
However, to avoid being out of compliance, Background Clearances should
always be within the five-year period.
Household
members age 13 through 17 years of age should complete a CFS 718 Authorization
for Background Check and a partial check will be conducted. This form should be
submitted to the licensing representative assigned to the home or center. For
such minors, the parent or guardian also sign the authorization form.
If the individual’s background check indicates a
history of records, depending upon the nature of the conviction(s), the
information may either be found to be:
·
An absolute bar to licensure or
employment in a childcare facility
·
A history which requires a waiver form
the Director of the DCFS
Since all State criminal history information and FBI
history cannot be shared with an employer, if there are bars or waivable bars,
the individual will be provided information as to the results and the options,
and how to request a waiver. The employer will only be provided general
information as to the denial or approval of the clearance, not specific
information regarding the number or types of convictions.
The information provided will also outline steps to
appeal a denial if one was given, based on errors and misinformation., The
appeal process involves submission of supporting documentation to an unbiased,
three-person panel that will review the history and the documentation and
determine if the denial is to be upheld or overturned.
For home applicants and family member, the
background check approval process is the same; however, the licensing representative
will be the party to request the waiver. In this case also, any individual
denied a clearance will be eligible to appeal the decision through the
three-person review panel.