Section 413.APPENDIX B   Criminal Convictions/Waivable Bars to Licensure

If the host home applicant or any adult member of the household has been convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5], the Cannabis Control Act [720 ILCS 550], the Illinois Controlled Substances Act [720 ILCS 570], and the Methamphetamine Control and Community Protection Act [720 ILCS 646], or under any earlier Illinois criminal law or code or an offense in another state, the elements of which are similar and bear a substantial relation to any of the criminal offenses specified below, this conviction will serve as a bar to receiving a host home license, unless all of the following requirements are met:

1.         The relevant criminal offense or offenses occurred more than 10 years prior to the date of application or renewal.

2.         The applicant had previously disclosed the conviction or convictions to the Department or supervising agency for the purposes of a background check.

3.         After the disclosure, the supervising agency either placed a child in the home or the host home license was issued.

4.         During the background check, the Department or supervising agency had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the licensure.

5.         The applicant meets all other requirements and qualifications to be licensed as a host home under the Child Care Act and the Department's administrative rules.

6.         The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, stable home environment. [225 ILCS 10/4.2]

OFFENSES DIRECTED AGAINST THE PERSON

KIDNAPPING AND RELATED OFFENSES

Unlawful restraint

BODILY HARM

Felony aggravated assault

Vehicular endangerment

Felony domestic battery

Aggravated battery

Heinous battery

Aggravated battery with a firearm

Aggravated battery of an unborn child

Aggravated battery of a senior citizen

Intimidation

Compelling organization membership of persons

Abuse and criminal neglect of a long term care facility resident

Felony violation of an order of protection

OFFENSES DIRECTED AGAINST PROPERTY

Felony theft

Robbery

Armed robbery

Aggravated robbery

Vehicular hijacking

Aggravated vehicular hijacking

Burglary

Possession of burglary tools

Residential burglary

Criminal fortification of a residence or building

Arson

Aggravated arson

Possession of explosive or explosive incendiary devices

OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY

Felony unlawful use of weapons

Aggravated discharge of a firearm

Reckless discharge of a firearm

Unlawful use of metal piercing bullets

Unlawful sale or delivery of firearms on the premises of any school

Disarming a police officer

Obstructing justice

Concealing or aiding a fugitive

Armed violence

Felony contributing to the criminal delinquency of a juvenile

DRUG OFFENSES

Possession of more than 30 grams of cannabis

Manufacture of more than 10 grams of cannabis

Cannabis trafficking

Delivery of cannabis on school grounds

Unauthorized production of more than five cannabis sativa plants

Calculated criminal cannabis conspiracy

Unauthorized manufacture or delivery of controlled substances

Controlled substance trafficking

Manufacture, distribution, advertisement of look-alike substances

Calculated criminal drug conspiracy

Street gang criminal drug conspiracy

Permitting unlawful use of a building

Delivery of controlled, counterfeit or look-alike substances to persons under age 18, or at truck stops, rest stops, safety rest areas, or on school property

Using, engaging, or employing persons under 18 to deliver controlled, counterfeit or look- alike substances

Delivery of controlled substances

Sale or delivery of drug paraphernalia

Felony possession, sale or exchange of instruments adapted for use of controlled substance or cannabis by subcutaneous injection

Any violation of the Methamphetamine Control and Community Protection Act

In evaluating the exception pursuant to the criminal convictions listed above, the Department or supervising agency must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used:

1.         the age of the applicant when the offense was committed;

2.         the circumstances surrounding the offense;

3.         the length of time since the conviction;

4.         the specific duties and responsibilities necessarily related to the license being applied for and the bearing, if any, that the applicant's conviction history may have on the applicant's fitness to perform these duties and responsibilities;

5.         the applicant's employment references;

6.         the applicant's character references and any certificates of achievement;

7.         an academic transcript showing educational attainment since the disqualifying conviction;

8.         a Certificate of Relief from Disabilities or Certificate of Good Conduct; and

9.         anything else that speaks to the applicant's character. [225 ILCS 10/4.2(e)]