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Procedures 401 : Licensing Standards for Child Welfare Agencies

• Section 401.30 Purpose
• Section 401.40 Definitions
• Section 401.100 Application for License
• Section 401.120 Provisional Licenses
• Section 401.130 Provisions Pertaining to Licenses
• Section 401.140 Application for Renewal of License
• Section 401.141 License Transfer for Agencies Providing Adoption Services Seeking 501(c)(3) Status
• Section 401.430 Interstate Placement of Children
• Section 401.500 Child Welfare Agency Responsibilities for Adoption Services
• Section 401.510 Disclosures
• Section 401.520 Adoptive Parents Training
• Section 401.530 Annual Reports
• Section 401.540 Preferential Treatment in Child Placement
• Section 401.550 Waiver Prohibited
• Section 401.560 Adoption Services Fees
• Section 401.565 Adoption Agency Payments of Salaries or Other Compensations
• Section 401.570 Independent Contractors Who Perform/Provide Adoption Services
• Section 401.580 Cessation or Dissolution of an Adoption Agency
• Section 401.590 Adoption Agency Information and Complaint Registry
• Section 401.595 Agency Complaint Policy and Procedures
• Section 401.600 Advertisement
• Section 401.800 Referrals to Law Enforcement and Injunctive Relief
• Appendix A: SAMPLE LETTERS
• Appendix B: Birth Parents' Rights and Responsibilities In Illinois
• Appendix C: Adoptive Parents' Rights and Responsibilities in Illinois

SUBPART A: INTRODUCTION AND DEFINITIONS

Section 401.30 Purpose

a) The purpose of Procedures 401, Licensing Standards for Child Welfare Agencies, is to issue instructions to licensing representatives of the Department of Children and Family Services in determining whether a child welfare agency is in compliance with the Department's licensing requirements. These procedures may also be used by child welfare agencies in order to maintain compliance with Rule 401. The Sections in these procedures parallel the Sections in Rule 401 for ease of cross-referencing.

b) Documentation - For new licenses and renewal recommendations, documentation of compliance with each rule/standard shall be made on form CFS 520, Child Welfare License Compliance Record. The CFS 520 shall be kept in the licensing file.

c) Annual Monitoring Visits - The following standards shall be monitored annually for compliance, when applicable. However, the licensing representative may consider additional standards, as needed, or standards that have been of concern in the past.

Section

401.130 Provisions Pertaining to the License

401.200 Incorporation

401.210 Composition of Governing Body

401.230 Finances

401.260 Required Record Keeping

401.340 Professional Staff

401.380 Personnel Records

401.400 Legal Safeguards of Children Served

401.420 Agency Responsibility

401.440 Health and Medical Services for Children

401.460 Agency Supervised Foster Homes, Group Homes, and Day Care Homes

401.500 Child Welfare Agency Responsibilities for Adoption Services

401.510 Disclosures

401.530 Annual Reports

401.560 Adoption Services Fees

401.570 Independent Contractors

401.595 Agency Complaint Policy and Procedure

401.600 Advertisement

401.700 Agency Responsibilities for Independent Living Programs

d) Non-Compliance - Documentation of non-compliance with licensing standards, corrective action and a date for compliance shall be noted on the CFS 597-C, Licensing Monitoring Record (instructions are listed on the back page of the form) for monitoring visits and renewal studies in the following manner:

· The licensing representative will complete an original and a copy of CFS 597-C during the visit to the facility. The copy of CFS 597-C will be left with the responsible person at the site. The original will be filed in the Department licensing record.

· If the responsible person at the site is not the licensee or the person legally responsible for the facility, the original copy of CFS 597-C will be photocopied and forwarded to the appropriate person(s).

e) Enforcement Report - Reports of a child welfare agency's non-compliance with the licensing standards are referred to the Central Office of Licensing for enforcement and should be the result of a child welfare agency's refusal or failure to cooperate with the Department, resistance to meet licensing standards and inability to develop and/or implement a plan to correct licensing violations/deficiencies found during the licensing study or monitoring review of the agency, licensing investigation, or as stated in Section 401.800.