ICPC State Pages

Illinois Criminal Background Checks/Abuse and Neglect Registry

Home Studies which Require Criminal / Perpetrator Record Checks

Illinois requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent
• Other, specified below

Criminal Background Screening

The following methods are used to capture fingerprints to conduct criminal records checks:

• Live Scan or other computerized technology

Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:

• National

State or Local Criminal Record Checks Requirements/Process:

• Home study worker contacts the family and makes arrangements for all persons in the home (age 17yrs and over) to be fingerprinted for State and FBI fingerprint background check.

Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:

• Go on-line to http://dcfswebresource.dcfs.illinois.gov/.    go to DCFS Rule 402  Licensing Standards for Illinois Foster Family Homes

  (APPENDIX A: Criminal Convictions that Prevent Licensure

  OFFENSES DIRECTED AGAINST THE PERSON | OFFENSES DIRECTED AGAINST THE PERSON | OFFENSES DIRECTED AGAINST PROPERTY | OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY | DRUG OFFENSES

  If the foster parent applicants or any adult member of the household has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205], or convicted of committing or attempting to commit one or more of the following serious criminal offenses under the Criminal Code of 1961 [720 ILCS 5], 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 will serve as a bar to receiving a foster home license or permit.

  OFFENSES DIRECTED AGAINST THE PERSON

  HOMICIDE

  Murder

  Solicitation of murder

  Solicitation of murder for hire

  Intentional homicide of an unborn child

  Voluntary manslaughter of an unborn child

  Involuntary manslaughter

  Reckless homicide

  Concealment of a homicidal death

  Involuntary manslaughter of an unborn child

  Reckless homicide of an unborn child

  Drug induced homicide

  KIDNAPPING AND RELATED OFFENSES

  Kidnapping

  Aggravated kidnapping

  Aggravated unlawful restraint

  Forcible detention

  Child abduction

  Aiding and abetting child abduction

  Harboring a runaway

  SEX OFFENSES

  Indecent solicitation of a child

  Indecent solicitation of an adult

  Public indecency

  Sexual exploitation of a child

  Custodial sexual assault

  Sexual relations within families

  Prostitution

  Soliciting for a prostitute

  Soliciting for a juvenile prostitute

  Solicitation of a sexual act

  Pandering

  Keeping a place of prostitution

  Keeping a place of juvenile prostitution

  Patronizing a prostitute

  Patronizing a juvenile prostitute

  Pimping

  Juvenile pimping

  Exploitation of a child

  Obscenity

  Child pornography

  Harmful material

  Tie in sales of obscene publications to distributors

  Posting of identifying information on a pornographic Internet site

  BODILY HARM

  Aggravated battery of a child

  Tampering with food, drugs, or cosmetics

  Drug induced infliction of great bodily harm

  Hate crime

  Stalking

  Aggravated stalking

  Threatening public officials

  Home invasion

  Vehicular invasion

  Criminal sexual assault

  Aggravated criminal sexual assault

  Predatory criminal sexual assault of a child

  Criminal sexual abuse

  Aggravated sexual abuse

  Criminal transmission of HIV

  Criminal neglect of an elderly or disabled person

  Child abandonment

  Endangering the life or health of a child

  Ritual mutilation

  Ritualized abuse of a child

  If the foster parent applicants 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 [720 ILCS 5], Cannabis Control Act [720 ILCS 550] or the Illinois Controlled Substances Act [720 ILCS 570], 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 foster home license or permit, 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 for the purposes of a background check.

  3. After the disclosure, the Department either placed a child in the home or the foster family home license was issued.

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

  5. The applicant meets all other requirements and qualifications to be licensed as a foster family 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. (Section 4.2 of the Child Care Act)

  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 gross 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 thirty 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 sativae 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

  Final approval for licensure shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault or homicide, but not including other physical assault or battery or if there is a felony conviction for physical assault, battery or a drug-related offense committed within the past 5 years. [20 ILCS 505/5(v-1) and (v-2)]

  (Source: Amended at 33 Ill. Reg. 2624, effective)

Types of Checks (Crim. & Abuse Neglect Registry)

Illinois requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR)):

	Federal	State	Local	ANR	NR
Foster Care	y	y	y	y
Relative		y	y	y
Relative Foster Care	y	y	y	y
Foster-Adopt	y	y	y	y
Adoption	y	y	y	y
Parent		y	y	y

Illinois provides Abuse and Neglect searches:

• Yes

Wait Time for Criminal Records Results

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Period of Time the Checks are Valid

• 6 months and 24 months