License Exempt Facilities

Rule 377 guides the Department in determining which facilities are subject to licensure. If you believe that your facility may be exempt from licensure, you may contact the licensing office nearest your facility to discuss which section of Rule 377 may apply.

Failure to obtain a license if one is needed may result in a complaint of unlicensed facility operation. If the complaint is substantiated, you will be asked to comply either by ceasing operation at a capacity that is subject to licensure or obtaining a license. If you fail to do so, a referral will be made to your local state’s attorney, along with a recommendation for prosecution for violation of Section 11 of the Illinois Child Care Act. Operating a child welfare agency or childcare facility without a license constitutes a Class A misdemeanor, followed by a business offense, if the operator continues to operate the facility and no effort is made to obtain a license. The business offense fine shall not exceed $10,000 and each day of a violation is a separate offense. You can find the Rule 377 here

For information on an amendment to the Childcare Act that relates to exemptions for certain school-age programs click here