PROCEDURES 383

I. DEFINITIONS

"Category I allegation" means any Category I Allegation listed in Appendix A.

"Category II allegation" means any Category II Allegation listed in Appendix B.

"Category II allegation with priors" means any Category II Allegation listed in Appendix B when the alleged perpetrator in the current SACWIS Intake Report was previously indicated as a perpetrator of child abuse or neglect.

"Category II allegation without priors" means any Category II Allegation listed in Appendix B when the alleged perpetrator of the current SACWIS Intake Report has not been previously indicated as a perpetrator of child abuse or neglect.

"Child Protective Service Worker" means certain specialized State employees of the Department assigned by the Director or his designee to perform the duties and responsibilities as provided in Part 300, Reports of Child Abuse and Neglect. They are also known as investigative staff and child protection investigators.

"Concurrent investigation" means that a SACWIS Intake Report involving a licensed child care facility has triggered concurrent child protection and licensing complaint investigations. When both child protection and licensing complaint investigations are required, the two investigations shall occur "concurrently" (at the same time) and cooperatively.

"Corrective plan" means a written document prepared by a licensing representative that lists substantiated violations of licensing standards, Department rules and the Child Care Act of 1969; the actions to be taken by the licensee or permit holder to correct the substantiated violations; and the time frames for correcting the violations.

"Enforcement action" means:

· revoking a license;

· refusing to renew a license;

· refusing to issue a full or provisional license to the holder of a permit;

· issuing a conditional license; or

· issuing an administrative order of closure.

"Formal investigation" means the activities conducted by Department child protection investigative staff necessary to make a determination as to whether a report of suspected child abuse or neglect is indicated or unfounded. Such activities shall include: an evaluation of the environment of the child named in the report and any other children in the same environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a determination of the nature, extent and cause of any condition enumerated in such report, the name, age and condition of other children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing under the Act in regard to amendment or expungement. [325 ILCS 5/7.4(b)(3)]

"Initial investigation" means the activities conducted by Department child protection investigative staff necessary to determine whether a report of suspected child abuse or neglect is a good faith indication of abuse or neglect and, therefore, requires a formal investigation. Good faith in this context means that the report was made with the honest intention to identify actual child abuse or neglect.

"Licensing complaint investigation" means an information gathering and assessment process conducted by a licensing representative to determine whether a licensed facility is operating in compliance with the Child Care Act of 1969 and applicable licensing standards. A licensing complaint investigation may occur concurrently with a formal child protection investigation when the State Central Register has taken a report involving a licensed facility (i.e., a concurrent investigation) or it may occur as a "stand alone" activity.

"Licensing representative" means Department and private agency licensing staff authorized by the Director to examine facilities applying for or issued a child care facility license. As used in these procedures, this term includes Department staff assigned the responsibility to conduct licensing studies for and supervise Department foster homes.

"Licensing standards" means the administrative rules promulgated by the Illinois Department of Children and Family Services governing the licensing and operation of licensed child care facilities.

"Licensing supervisor" means Department and private agency licensing staff assigned the responsibility for direct supervision of licensing representatives. As used in these Procedures, this term includes Department staff assigned the responsibility for direct supervision of staff who conduct licensing studies for and supervise Department foster homes.

"Monitoring visit" means an unannounced on-site visit by a licensing representative to determine whether the child care facility is in compliance with licensing standards, Department rules and the Child Care Act of 1969. Monitoring visits may occur as determined by the licensing representative during the hours of operation or at any reasonable time. "Monitoring visit" does not include an on-site visit conducted during a licensing complaint investigation to determine if alleged licensing violations have occurred or are occurring.

"Protective Plan" means a written plan of action developed by a licensing representative or a child protection investigator to protect the children cared for in a licensed child care facility:

· when there is a concurrent child protection investigation and the operator or employee of the facility, or other person in the facility with access to children is named as the alleged perpetrator of child abuse and/or neglect [325 ILCS 5/4.3];

· when the licensing representative has determined that there is an ongoing risk to a child or children in care, but that, in order to assure the child's or children's health and safety, it is not necessary or in the best interests of the children or their families to remove the child or children from the facility (if in substitute care) or close the facility during a licensing complaint investigation (when there is no concurrent child protection investigation); or

· after a monitoring visit, during which the licensing representative documented a substantiated violation that requires a Protective Plan to assure the safety and well-being of the children while the licensee is provided an opportunity to correct the violation.

"Reassessment" means a monitoring visit of the foster home completed by the licensing representative after an "indicated" child protection investigative finding to determine whether the home continues to meet minimum licensing standards in accordance with Policy Guide 2001.08, Reassessment of Licensed Foster Homes Following "Indicated" Abuse/Neglect Findings, effective April 15, 2001.

"SACWIS Intake Report" means a report of alleged child abuse or neglect that is received by the DCFS State Central Register [formerly the CANTS 1 form].

"SACWIS Intake Investigation Summary Report" means the report summarizing the results of a child protection investigation [formerly the CANTS 2 final finding].

"Stand-alone licensing complaint investigation" means a licensing complaint investigation that is not conducted concurrently with a child protection investigation (i.e., not a concurrent investigation) and that is not tied to or triggered by a formal child protection investigation.

"Substantiated violation" means that the licensing representative has determined, during a licensing complaint investigation or a monitoring visit, that the licensee has violated a licensing standard, a section of the Child Care Act of 1969 or another DCFS Rule regulating the facility. To substantiate a violation, the licensing representative must:

· directly observe the violation during a site visit to the licensed facility (the licensing representative may be on the premises for any purpose whether or not associated with investigation of a complaint); or

· gather sufficient evidence during a licensing complaint investigation to substantiate the violation when the licensing representative does not directly observe the violation.