Bill Text: IL HB3518 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Children and Family Services Act. Provides that no member of the Direct Child Welfare Service Employee License Board may have a pending or indicated report of child abuse or neglect or a pending complaint or criminal conviction of any of the offenses or any conditions set forth in a specified provision of the Child Care Act of 1969. Amends the Child Care Act of 1969. Sets forth non-waivable circumstances under which a person may not receive a license for, have a licensed renewed for, be employed by, or reside in, if an adult person, a child care facility. Provides processes by which an applicant for licensure, a licensee, an employee of a facility licensed by the Department of Children and Family Services, or an adult person residing in a licensed child care facility who was convicted of a felony other than a felony listed in provisions concerning non-waivable circumstances, or has committed other specified offenses, may receive a waiver by the Department or the agency seeking to grant, renew, employ, or issue the license. Contains provisions concerning waiver reviews; appeals of an adverse waiver; Department rules on guidelines for granting a waiver; and other matters. Removes provisions that prohibit a person from receiving a child care facility license or working at a child care facility if the person has been declared a sexually dangerous person or has committed specified offenses.

Spectrum: Slight Partisan Bill (Republican 13-5)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3518 Detail]

Download: Illinois-2017-HB3518-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3518

Introduced , by Rep. Nick Sauer

SYNOPSIS AS INTRODUCED:
20 ILCS 505/5d
225 ILCS 10/4.2 from Ch. 23, par. 2214.2

Amends the Children and Family Services Act. Provides that no member of the Direct Child Welfare Service Employee License Board may have a pending or indicated report of child abuse or neglect or a pending complaint or criminal conviction of any of the offenses or any conditions set forth in a specified provision of the Child Care Act of 1969. Amends the Child Care Act of 1969. Sets forth non-waivable circumstances under which a person may not receive a license for, have a licensed renewed for, be employed by, or reside in, if an adult person, a child care facility. Provides processes by which an applicant for licensure, a licensee, an employee of a facility licensed by the Department of Children and Family Services, or an adult person residing in a licensed child care facility who was convicted of a felony other than a felony listed in provisions concerning non-waivable circumstances, or has committed other specified offenses, may receive a waiver by the Department or the agency seeking to grant, renew, employ, or issue the license. Contains provisions concerning waiver reviews; appeals of an adverse waiver; Department rules on guidelines for granting a waiver; and other matters. Removes provisions that prohibit a person from receiving a child care facility license or working at a child care facility if the person has been declared a sexually dangerous person or has committed specified offenses.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3518LRB100 10178 KTG 20359 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by changing Section 5d as follows:
6 (20 ILCS 505/5d)
7 Sec. 5d. The Direct Child Welfare Service Employee License
8Board.
9 (a) For purposes of this Section:
10 (1) "Board" means the Direct Child Welfare Service
11 Employee License Board.
12 (2) "Director" means the Director of Children and
13 Family Services.
14 (b) The Direct Child Welfare Service Employee License Board
15is created within the Department of Children and Family
16Services and shall consist of 9 members appointed by the
17Director. The Director shall annually designate a chairperson
18and vice-chairperson of the Board. The membership of the Board
19must be composed as follows: (i) 5 licensed professionals from
20the field of human services with a human services degree or
21equivalent course work as required by rule of the Department
22and who are in good standing within their profession, at least
232 of which must be employed in the private not-for-profit

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1sector and at least one of which in the public sector; (ii) 2
2faculty members of an accredited university who have child
3welfare experience and are in good standing within their
4profession and (iii) 2 members of the general public who are
5not licensed under this Act or a similar rule and will
6represent consumer interests.
7 In making the first appointments, the Director shall
8appoint 3 members to serve for a term of one year, 3 members to
9serve for a term of 2 years, and 3 members to serve for a term
10of 3 years, or until their successors are appointed and
11qualified. Their successors shall be appointed to serve 3-year
12terms, or until their successors are appointed and qualified.
13Appointments to fill unexpired vacancies shall be made in the
14same manner as original appointments. No member may be
15reappointed if a reappointment would cause that member to serve
16on the Board for longer than 6 consecutive years. Board
17membership must have reasonable representation from different
18geographic areas of Illinois, and all members must be residents
19of this State.
20 The Director may terminate the appointment of any member
21for good cause, including but not limited to (i) unjustified
22absences from Board meetings or other failure to meet Board
23responsibilities, (ii) failure to recuse himself or herself
24when required by subsection (c) of this Section or Department
25rule, or (iii) failure to maintain the professional position
26required by Department rule. No member of the Board may have a

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1pending or indicated report of child abuse or neglect or a
2pending complaint or criminal conviction of any of the offenses
3or any conditions set forth in subsection paragraph (b) of
4Section 4.2 of the Child Care Act of 1969.
5 The members of the Board shall receive no compensation for
6the performance of their duties as members, but each member
7shall be reimbursed for his or her reasonable and necessary
8expenses incurred in attending the meetings of the Board.
9 (c) The Board shall make recommendations to the Director
10regarding licensure rules. Board members must recuse
11themselves from sitting on any matter involving an employee of
12a child welfare agency at which the Board member is an employee
13or contractual employee. The Board shall make a final
14determination concerning revocation, suspension, or
15reinstatement of an employee's direct child welfare service
16license after a hearing conducted under the Department's rules.
17Upon notification of the manner of the vote to all the members,
18votes on a final determination may be cast in person, by
19telephonic or electronic means, or by mail at the discretion of
20the chairperson. A simple majority of the members appointed and
21serving is required when Board members vote by mail or by
22telephonic or electronic means. A majority of the currently
23appointed and serving Board members constitutes a quorum. A
24majority of a quorum is required when a recommendation is voted
25on during a Board meeting. A vacancy in the membership of the
26Board shall not impair the right of a quorum to perform all the

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1duties of the Board. Board members are not personally liable in
2any action based upon a disciplinary proceeding or otherwise
3for any action taken in good faith as a member of the Board.
4 (d) The Director may assign Department employees to provide
5staffing services to the Board. The Department must promulgate
6any rules necessary to implement and administer the
7requirements of this Section.
8(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
9 Section 10. The Child Care Act of 1969 is amended by
10changing Section 4.2 as follows:
11 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
12 Sec. 4.2. Criminal convictions or conditions barring
13licensure; waiver.
14 (a) No applicant may receive a license from the Department
15and no person may be employed by a licensed child care facility
16who refuses to authorize an investigation as required by
17Section 4.1.
18 (b) Non-waivable circumstances. No new applicant and, on
19the date of licensure renewal, no person licensed on the
20effective date of this amendatory Act of the 100th General
21Assembly may operate or receive a license from the Department
22to operate and no person may be employed by and no adult person
23may reside in a child care facility licensed by the Department,
24including a foster family home, if that person has a criminal

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1conviction or conditions or a pending criminal complaint that
2would result in a condition or conviction as set forth in any
3of the following:
4 (1) was convicted of any felony offense within 5 years
5 of application for license or employment;
6 (2) was convicted of a Class X felony;
7 (3) was convicted of a felony, including child
8 pornography, in which the victim was a child under the age
9 of 18;
10 (4) is currently on the Illinois State Police Sex
11 Offender Registry or the National Sex Offender Public
12 Website for an offense committed as an adult or was an
13 adult when named as a perpetrator or has a conviction as an
14 adult that would have been subject to the Sex Offender
15 Registration Act;
16 (5) is currently in the Murderer and Violent Offender
17 Against Youth Database as created in subsection (a) of
18 Section 85 of the Murderer and Violent Offender Against
19 Youth Registration Act;
20 (6) was adjudicated not guilty of an offense by reason
21 of insanity;
22 (7) was convicted of felony kidnapping, aggravated
23 kidnaping, arson, rape, sexual assault, spousal abuse,
24 domestic battery, aggravated domestic battery, or
25 homicide;
26 (8) for foster home applicants, was convicted of any

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1 other felony involving violence, not including physical
2 assault or battery; or
3 (9) for applicants other than foster home applicants,
4 was convicted of any other felony involving violence or was
5 convicted of or has a pending complaint or charges for a
6 violent misdemeanor as an adult committed against a child,
7 including child abuse, child endangerment, or sexual
8 assault, or was convicted of or has a pending complaint or
9 charges for a misdemeanor involving child pornography.
10 (c) Waivable circumstances; authority to waive.
11 (1) No new applicant and, on the date of licensure
12 renewal, no person licensed on the effective date of this
13 amendatory Act of the 100th General Assembly, may operate
14 or receive a license from the Department to operate and no
15 person may be employed by and no adult person may reside in
16 a child care facility licensed by the Department, including
17 a foster family home, if that person has a criminal
18 conviction or a pending criminal complaint or charges that
19 would result in a conviction, for an offense other than an
20 offense listed in subsection (b) above, unless waived
21 pursuant to this subsection (c) and subsection (d).
22 (2) All cases where an applicant for licensure, a
23 licensee, an employee of a facility licensed by the
24 Department, or an adult person residing in a child care
25 facility licensed by the Department, including a foster
26 family home, was convicted of any felony other than a

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1 felony listed in subsection (b) of this Section must be
2 reviewed and waived by the Director of the Department or
3 his or her designee.
4 (3) All cases where an applicant for licensure, a
5 licensee, an employee of a facility licensed by the
6 Department, or an adult person residing in a child care
7 facility licensed by the Department, including a foster
8 family home, committed a sex offense as a minor and is on
9 the Illinois State Police Sex Offender Registry must be
10 reviewed and waived by the Director of the Department or
11 his or her designee.
12 (4) All cases where an applicant for licensure, a
13 licensee, an employee of a facility licensed by the
14 Department, or an adult person residing in a child care
15 facility licensed by the Department, including a foster
16 family home, was convicted of any misdemeanor or has a
17 pending criminal complaint that could result in a
18 misdemeanor conviction must be reviewed by the agency
19 seeking to grant, renew, employ, or issue the license. The
20 agency shall recommend whether the conviction should be
21 waived. This subsection does not apply to non-waivable
22 misdemeanors listed in paragraph (9) of subsection (b) of
23 this Section. The recommendation of the agency shall be
24 reviewed by the Director of the Department or his or her
25 designee for compliance with this subsection (c) and
26 subsection (d) of this Section, and a final determination

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1 regarding waiver shall be made by the Director of the
2 Department.
3 (d) Provisions applicable to all waivers.
4 (1) All waiver reviews shall be in writing and based on
5 the guidelines set forth in this subsection (d). The
6 rationale for the decision shall be in writing and
7 maintained in the applicant's file.
8 (2) A person or entity who holds a license issued by
9 the Department of Children and Family Services, including a
10 foster family home license or a person currently employed
11 by a facility licensed by the Department, may appeal an
12 adverse waiver determination pursuant to subsection (c)
13 and this subsection (d) of this Section. All other
14 determinations under this Section are appealable only on
15 the basis that the individual is not the person named in
16 the criminal history report.
17 (3) The Department shall adopt rules governing
18 guidelines for granting a waiver, which shall include, but
19 not be limited to, consideration of the following factors,
20 and any consideration must include access and review of
21 underlying criminal conviction documents:
22 (A) the nature of the offense, including the age of
23 the offender when the offense was committed, the
24 relationship between the offender and the victim, the
25 physical or emotional harm caused to the victim, and
26 whether the offense involved a minor, a person

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1 adjudicated to be a person with a disability under the
2 Probate Act of 1975, or a person 60 years of age or
3 older;
4 (B) the evidence of rehabilitation, including the
5 length of time that has passed since the offense was
6 committed; whether the individual completed any
7 sentence of incarceration and, if so, when; the
8 circumstances surrounding the commission of the
9 offense; any circumstances that would demonstrate a
10 low or high likelihood of recidivism; the number of
11 offenses for which the individual was convicted;
12 employment references; evidence of participation in
13 therapy or services aimed at rehabilitation; academic
14 transcripts; other information that speaks to the
15 individual's character;
16 (C) the relationship between the criminal offense
17 and the license or employment sought, including
18 capacity to care for children or have access to
19 children; the specific duties and responsibilities
20 related to the license or employment sought and the
21 bearing, if any, the offense has on his or her fitness
22 to perform these duties and responsibilities;
23 (D) the disclosure of the conviction, including
24 whether the applicant for licensure, licensee,
25 employee of a facility licensed by the Department, or
26 adult person residing in a child care facility licensed

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1 by the Department, including a foster family home,
2 disclosed whether he or she had a criminal background
3 and the circumstances of the conviction; and
4 (E) the existence of a supervisory or monitoring
5 plan that the Department has approved.
6 (e) If any felony criminal offense or complaint is pending,
7the Director cannot issue a waiver until the complaint has been
8resolved.
9 (b) In addition to the other provisions of this Section, no
10applicant may receive a license from the Department and no
11person may be employed by a child care facility licensed by the
12Department who has been declared a sexually dangerous person
13under "An Act in relation to sexually dangerous persons, and
14providing for their commitment, detention and supervision",
15approved July 6, 1938, as amended, or convicted of committing
16or attempting to commit any of the following offenses
17stipulated under the Criminal Code of 1961 or the Criminal Code
18of 2012:
19 (1) murder;
20 (1.1) solicitation of murder;
21 (1.2) solicitation of murder for hire;
22 (1.3) intentional homicide of an unborn child;
23 (1.4) voluntary manslaughter of an unborn child;
24 (1.5) involuntary manslaughter;
25 (1.6) reckless homicide;
26 (1.7) concealment of a homicidal death;

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1 (1.8) involuntary manslaughter of an unborn child;
2 (1.9) reckless homicide of an unborn child;
3 (1.10) drug-induced homicide;
4 (2) a sex offense under Article 11, except offenses
5 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
6 11-40, and 11-45;
7 (3) kidnapping;
8 (3.1) aggravated unlawful restraint;
9 (3.2) forcible detention;
10 (3.3) harboring a runaway;
11 (3.4) aiding and abetting child abduction;
12 (4) aggravated kidnapping;
13 (5) child abduction;
14 (6) aggravated battery of a child as described in
15 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
16 (7) criminal sexual assault;
17 (8) aggravated criminal sexual assault;
18 (8.1) predatory criminal sexual assault of a child;
19 (9) criminal sexual abuse;
20 (10) aggravated sexual abuse;
21 (11) heinous battery as described in Section 12-4.1 or
22 subdivision (a)(2) of Section 12-3.05;
23 (12) aggravated battery with a firearm as described in
24 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
25 (e)(4) of Section 12-3.05;
26 (13) tampering with food, drugs, or cosmetics;

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1 (14) drug induced infliction of great bodily harm as
2 described in Section 12-4.7 or subdivision (g)(1) of
3 Section 12-3.05;
4 (15) hate crime;
5 (16) stalking;
6 (17) aggravated stalking;
7 (18) threatening public officials;
8 (19) home invasion;
9 (20) vehicular invasion;
10 (21) criminal transmission of HIV;
11 (22) criminal abuse or neglect of an elderly person or
12 person with a disability as described in Section 12-21 or
13 subsection (e) of Section 12-4.4a;
14 (23) child abandonment;
15 (24) endangering the life or health of a child;
16 (25) ritual mutilation;
17 (26) ritualized abuse of a child;
18 (27) an offense in any other jurisdiction the elements
19 of which are similar and bear a substantial relationship to
20 any of the foregoing offenses.
21 (b-1) In addition to the other provisions of this Section,
22beginning January 1, 2004, no new applicant and, on the date of
23licensure renewal, no current licensee may operate or receive a
24license from the Department to operate, no person may be
25employed by, and no adult person may reside in a child care
26facility licensed by the Department who has been convicted of

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1committing or attempting to commit any of the following
2offenses or an offense in any other jurisdiction the elements
3of which are similar and bear a substantial relationship to any
4of the following offenses:
5
(I) BODILY HARM
6 (1) Felony aggravated assault.
7 (2) Vehicular endangerment.
8 (3) Felony domestic battery.
9 (4) Aggravated battery.
10 (5) Heinous battery.
11 (6) Aggravated battery with a firearm.
12 (7) Aggravated battery of an unborn child.
13 (8) Aggravated battery of a senior citizen.
14 (9) Intimidation.
15 (10) Compelling organization membership of persons.
16 (11) Abuse and criminal neglect of a long term care
17 facility resident.
18 (12) Felony violation of an order of protection.
19
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
20 (1) Felony unlawful use of weapons.
21 (2) Aggravated discharge of a firearm.
22 (3) Reckless discharge of a firearm.

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1 (4) Unlawful use of metal piercing bullets.
2 (5) Unlawful sale or delivery of firearms on the
3 premises of any school.
4 (6) Disarming a police officer.
5 (7) Obstructing justice.
6 (8) Concealing or aiding a fugitive.
7 (9) Armed violence.
8 (10) Felony contributing to the criminal delinquency
9 of a juvenile.
10
(III) DRUG OFFENSES
11 (1) Possession of more than 30 grams of cannabis.
12 (2) Manufacture of more than 10 grams of cannabis.
13 (3) Cannabis trafficking.
14 (4) Delivery of cannabis on school grounds.
15 (5) Unauthorized production of more than 5 cannabis
16 sativa plants.
17 (6) Calculated criminal cannabis conspiracy.
18 (7) Unauthorized manufacture or delivery of controlled
19 substances.
20 (8) Controlled substance trafficking.
21 (9) Manufacture, distribution, or advertisement of
22 look-alike substances.
23 (10) Calculated criminal drug conspiracy.
24 (11) Street gang criminal drug conspiracy.

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1 (12) Permitting unlawful use of a building.
2 (13) Delivery of controlled, counterfeit, or
3 look-alike substances to persons under age 18, or at truck
4 stops, rest stops, or safety rest areas, or on school
5 property.
6 (14) Using, engaging, or employing persons under 18 to
7 deliver controlled, counterfeit, or look-alike substances.
8 (15) Delivery of controlled substances.
9 (16) Sale or delivery of drug paraphernalia.
10 (17) Felony possession, sale, or exchange of
11 instruments adapted for use of a controlled substance,
12 methamphetamine, or cannabis by subcutaneous injection.
13 (18) Felony possession of a controlled substance.
14 (19) Any violation of the Methamphetamine Control and
15 Community Protection Act.
16 (b-1.5) In addition to any other provision of this Section,
17for applicants with access to confidential financial
18information or who submit documentation to support billing, no
19applicant whose initial application was considered after the
20effective date of this amendatory Act of the 97th General
21Assembly may receive a license from the Department or a child
22care facility licensed by the Department who has been convicted
23of committing or attempting to commit any of the following
24felony offenses:
25 (1) financial institution fraud under Section 17-10.6
26 of the Criminal Code of 1961 or the Criminal Code of 2012;

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1 (2) identity theft under Section 16-30 of the Criminal
2 Code of 1961 or the Criminal Code of 2012;
3 (3) financial exploitation of an elderly person or a
4 person with a disability under Section 17-56 of the
5 Criminal Code of 1961 or the Criminal Code of 2012;
6 (4) computer tampering under Section 17-51 of the
7 Criminal Code of 1961 or the Criminal Code of 2012;
8 (5) aggravated computer tampering under Section 17-52
9 of the Criminal Code of 1961 or the Criminal Code of 2012;
10 (6) computer fraud under Section 17-50 of the Criminal
11 Code of 1961 or the Criminal Code of 2012;
12 (7) deceptive practices under Section 17-1 of the
13 Criminal Code of 1961 or the Criminal Code of 2012;
14 (8) forgery under Section 17-3 of the Criminal Code of
15 1961 or the Criminal Code of 2012;
16 (9) State benefits fraud under Section 17-6 of the
17 Criminal Code of 1961 or the Criminal Code of 2012;
18 (10) mail fraud and wire fraud under Section 17-24 of
19 the Criminal Code of 1961 or the Criminal Code of 2012;
20 (11) theft under paragraphs (1.1) through (11) of
21 subsection (b) of Section 16-1 of the Criminal Code of 1961
22 or the Criminal Code of 2012.
23 (b-2) Notwithstanding subsection (b-1), the Department may
24make an exception and, for child care facilities other than
25foster family homes, issue a new child care facility license to
26or renew the existing child care facility license of an

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1applicant, a person employed by a child care facility, or an
2applicant who has an adult residing in a home child care
3facility who was convicted of an offense described in
4subsection (b-1), provided that all of the following
5requirements are met:
6 (1) The relevant criminal offense occurred more than 5
7 years prior to the date of application or renewal, except
8 for drug offenses. The relevant drug offense must have
9 occurred more than 10 years prior to the date of
10 application or renewal, unless the applicant passed a drug
11 test, arranged and paid for by the child care facility, no
12 less than 5 years after the offense.
13 (2) The Department must conduct a background check and
14 assess all convictions and recommendations of the child
15 care facility to determine if hiring or licensing the
16 applicant is in accordance with Department administrative
17 rules and procedures.
18 (3) The applicant meets all other requirements and
19 qualifications to be licensed as the pertinent type of
20 child care facility under this Act and the Department's
21 administrative rules.
22 (c) In addition to the other provisions of this Section, no
23applicant may receive a license from the Department to operate
24a foster family home, and no adult person may reside in a
25foster family home licensed by the Department, who has been
26convicted of committing or attempting to commit any of the

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1following offenses stipulated under the Criminal Code of 1961,
2the Criminal Code of 2012, the Cannabis Control Act, the
3Methamphetamine Control and Community Protection Act, and the
4Illinois Controlled Substances Act:
5
(I) OFFENSES DIRECTED AGAINST THE PERSON
6 (A) KIDNAPPING AND RELATED OFFENSES
7 (1) Unlawful restraint.
8 (B) BODILY HARM
9 (2) Felony aggravated assault.
10 (3) Vehicular endangerment.
11 (4) Felony domestic battery.
12 (5) Aggravated battery.
13 (6) Heinous battery.
14 (7) Aggravated battery with a firearm.
15 (8) Aggravated battery of an unborn child.
16 (9) Aggravated battery of a senior citizen.
17 (10) Intimidation.
18 (11) Compelling organization membership of persons.
19 (12) Abuse and criminal neglect of a long term care
20 facility resident.
21 (13) Felony violation of an order of protection.
22
(II) OFFENSES DIRECTED AGAINST PROPERTY

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1 (14) Felony theft.
2 (15) Robbery.
3 (16) Armed robbery.
4 (17) Aggravated robbery.
5 (18) Vehicular hijacking.
6 (19) Aggravated vehicular hijacking.
7 (20) Burglary.
8 (21) Possession of burglary tools.
9 (22) Residential burglary.
10 (23) Criminal fortification of a residence or
11 building.
12 (24) Arson.
13 (25) Aggravated arson.
14 (26) Possession of explosive or explosive incendiary
15 devices.
16
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
17 (27) Felony unlawful use of weapons.
18 (28) Aggravated discharge of a firearm.
19 (29) Reckless discharge of a firearm.
20 (30) Unlawful use of metal piercing bullets.
21 (31) Unlawful sale or delivery of firearms on the
22 premises of any school.
23 (32) Disarming a police officer.

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1 (33) Obstructing justice.
2 (34) Concealing or aiding a fugitive.
3 (35) Armed violence.
4 (36) Felony contributing to the criminal delinquency
5 of a juvenile.
6
(IV) DRUG OFFENSES
7 (37) Possession of more than 30 grams of cannabis.
8 (38) Manufacture of more than 10 grams of cannabis.
9 (39) Cannabis trafficking.
10 (40) Delivery of cannabis on school grounds.
11 (41) Unauthorized production of more than 5 cannabis
12 sativa plants.
13 (42) Calculated criminal cannabis conspiracy.
14 (43) Unauthorized manufacture or delivery of
15 controlled substances.
16 (44) Controlled substance trafficking.
17 (45) Manufacture, distribution, or advertisement of
18 look-alike substances.
19 (46) Calculated criminal drug conspiracy.
20 (46.5) Streetgang criminal drug conspiracy.
21 (47) Permitting unlawful use of a building.
22 (48) Delivery of controlled, counterfeit, or
23 look-alike substances to persons under age 18, or at truck
24 stops, rest stops, or safety rest areas, or on school

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1 property.
2 (49) Using, engaging, or employing persons under 18 to
3 deliver controlled, counterfeit, or look-alike substances.
4 (50) Delivery of controlled substances.
5 (51) Sale or delivery of drug paraphernalia.
6 (52) Felony possession, sale, or exchange of
7 instruments adapted for use of a controlled substance,
8 methamphetamine, or cannabis by subcutaneous injection.
9 (53) Any violation of the Methamphetamine Control and
10 Community Protection Act.
11 (d) Notwithstanding subsection (c), the Department may
12make an exception and issue a new foster family home license or
13may renew an existing foster family home license of an
14applicant who was convicted of an offense described in
15subsection (c), provided all of the following requirements are
16met:
17 (1) The relevant criminal offense or offenses occurred
18 more than 10 years prior to the date of application or
19 renewal.
20 (2) The applicant had previously disclosed the
21 conviction or convictions to the Department for purposes of
22 a background check.
23 (3) After the disclosure, the Department either placed
24 a child in the home or the foster family home license was
25 issued.
26 (4) During the background check, the Department had

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1 assessed and waived the conviction in compliance with the
2 existing statutes and rules in effect at the time of the
3 hire or licensure.
4 (5) The applicant meets all other requirements and
5 qualifications to be licensed as a foster family home under
6 this Act and the Department's administrative rules.
7 (6) The applicant has a history of providing a safe,
8 stable home environment and appears able to continue to
9 provide a safe, stable home environment.
10 (e) In evaluating the exception pursuant to subsections
11(b-2) and (d), the Department must carefully review any
12relevant documents to determine whether the applicant, despite
13the disqualifying convictions, poses a substantial risk to
14State resources or clients. In making such a determination, the
15following guidelines shall be used:
16 (1) the age of the applicant when the offense was
17 committed;
18 (2) the circumstances surrounding the offense;
19 (3) the length of time since the conviction;
20 (4) the specific duties and responsibilities
21 necessarily related to the license being applied for and
22 the bearing, if any, that the applicant's conviction
23 history may have on his or her fitness to perform these
24 duties and responsibilities;
25 (5) the applicant's employment references;
26 (6) the applicant's character references and any

HB3518- 23 -LRB100 10178 KTG 20359 b
1 certificates of achievement;
2 (7) an academic transcript showing educational
3 attainment since the disqualifying conviction;
4 (8) a Certificate of Relief from Disabilities or
5 Certificate of Good Conduct; and
6 (9) anything else that speaks to the applicant's
7 character.
8(Source: P.A. 99-143, eff. 7-27-15.)
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