Full Text of HB6233 99th General Assembly
HB6233ham001 99TH GENERAL ASSEMBLY | Rep. Ed Sullivan Filed: 3/24/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6233
| 2 | | AMENDMENT NO. ______. Amend House Bill 6233 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 5d as follows:
| 6 | | (20 ILCS 505/5d)
| 7 | | Sec. 5d. The Direct Child Welfare Service Employee License | 8 | | Board.
| 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 | 15 | | is created
within
the Department of Children and Family | 16 | | Services and shall consist of 9 members
appointed by the |
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| 1 | | Director. The Director shall annually designate a chairperson
| 2 | | and
vice-chairperson of
the Board. The membership of the
Board
| 3 | | must be composed as follows: (i) 5 licensed professionals from | 4 | | the field of
human
services with a human services degree or | 5 | | equivalent course work
as required by rule of the Department | 6 | | and who are in good standing within their
profession, at least | 7 | | 2 of which
must be employed in the private not-for-profit | 8 | | sector and at least one of which
in the public
sector; (ii) 2
| 9 | | faculty members of an accredited university who have child | 10 | | welfare experience
and are
in good
standing within their | 11 | | profession and (iii) 2 members of the general public who
are | 12 | | not
licensed under this Act or a similar rule and will | 13 | | represent consumer
interests.
| 14 | | In making the first appointments, the Director shall | 15 | | appoint 3 members to
serve
for a term of one year, 3 members to | 16 | | serve for a term of 2 years, and 3
members to
serve for a term | 17 | | of 3 years, or until their successors are appointed and
| 18 | | qualified. Their
successors shall be appointed to serve 3-year | 19 | | terms, or until their
successors are
appointed and qualified. | 20 | | Appointments to fill unexpired vacancies shall be
made in the
| 21 | | same manner as original appointments. No member may be | 22 | | reappointed if a
reappointment would cause that member to serve | 23 | | on the Board for longer than 6
consecutive years. Board | 24 | | membership must have reasonable representation from
different | 25 | | geographic areas of Illinois, and all members must be residents | 26 | | of
this State.
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| 1 | | The Director may terminate the appointment of any member | 2 | | for good cause,
including but not limited to (i) unjustified | 3 | | absences from Board meetings or
other failure
to meet Board | 4 | | responsibilities, (ii) failure to recuse himself or herself | 5 | | when
required by
subsection (c) of this Section or Department | 6 | | rule, or (iii) failure to maintain
the professional
position | 7 | | required by Department rule. No member of the Board may have a
| 8 | | pending
or indicated report of child abuse or neglect or a | 9 | | pending complaint or
criminal
conviction of any of the offenses | 10 | | or any conditions set forth in subsection paragraph
(b) of | 11 | | Section
4.2 of the Child Care Act of 1969.
| 12 | | The members of the Board shall receive no compensation for | 13 | | the performance of
their duties as members, but each member | 14 | | shall be reimbursed for his or her
reasonable and
necessary | 15 | | expenses incurred in attending the meetings of the Board.
| 16 | | (c) The Board shall make recommendations to the Director | 17 | | regarding licensure
rules. Board members must recuse | 18 | | themselves from sitting on any matter
involving an
employee of | 19 | | a child welfare agency at which the Board member is an employee | 20 | | or
contractual employee. The Board shall make a final | 21 | | determination concerning
revocation, suspension, or | 22 | | reinstatement of an employee's direct child welfare
service
| 23 | | license after a hearing conducted under the Department's rules. | 24 | | Upon
notification of the manner of the vote to all the members, | 25 | | votes on a
final determination may be cast in person, by
| 26 | | telephonic or
electronic means, or by mail at the discretion of |
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| 1 | | the chairperson.
A simple majority of the members appointed and | 2 | | serving is
required
when Board members vote by mail or by | 3 | | telephonic or electronic means. A
majority of
the currently | 4 | | appointed and serving Board members constitutes a quorum. A
| 5 | | majority of
a quorum is required when a recommendation is voted | 6 | | on during a Board
meeting. A
vacancy in the membership of the | 7 | | Board shall not impair the right of a quorum
to perform
all the | 8 | | duties of the Board. Board members are not personally liable in | 9 | | any
action based
upon a disciplinary proceeding or otherwise | 10 | | for any action taken in good faith
as a
member of the Board.
| 11 | | (d) The Director may assign Department employees to provide | 12 | | staffing
services to
the Board. The Department must promulgate | 13 | | any rules necessary to implement
and administer the | 14 | | requirements of this Section.
| 15 | | (Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
| 16 | | Section 10. The Child Care Act of 1969 is amended by | 17 | | changing Section 4.2 as follows:
| 18 | | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| 19 | | Sec. 4.2. Criminal convictions or conditions barring | 20 | | licensure; waiver. | 21 | | (a) No applicant may receive a license from the Department | 22 | | and
no person may be employed by a licensed child care facility | 23 | | who refuses to
authorize an investigation as required by | 24 | | Section 4.1.
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| 1 | | (b) No new applicant and, on the date of licensure renewal, | 2 | | no current licensee may operate or receive a license from the | 3 | | Department to operate and no person may be employed by and no | 4 | | adult person may reside in a child care facility licensed by | 5 | | the Department, including a foster family home, if that person | 6 | | has a criminal conviction or conditions or a pending criminal | 7 | | complaint that would result in a conviction as set forth in the | 8 | | following: | 9 | | (1) has been convicted of any felony offense within 5 | 10 | | years of application for license or employment; | 11 | | (2) has been convicted of a Class X felony; | 12 | | (3) has been convicted of any felony in which the | 13 | | victim was a child under the age of 18; | 14 | | (4) is currently on the Illinois State Police Sex | 15 | | Offender Registry or listed on the National Sex Offender | 16 | | Public Website or was an adult when named as a perpetrator | 17 | | or has a conviction as an adult that would have been | 18 | | subject to the Sex Offender Registration Act; | 19 | | (5) is currently in the Murderer and Violent Offender | 20 | | Against Youth Database as created in subsection (a) of | 21 | | Section 85 of the Murderer and Violent Offender Against | 22 | | Youth Registration Act; or | 23 | | (6) was adjudicated not guilty of an offense by reason | 24 | | of insanity. | 25 | | (c) All other criminal convictions may be waived by the | 26 | | Director or by his designee pursuant to this subsection (c). |
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| 1 | | All cases in which an applicant for licensure, a licensee, | 2 | | an employee of a facility licensed by the Department, or an | 3 | | adult person residing in a child care facility licensed by the | 4 | | Department, including a foster family home, was convicted of | 5 | | any misdemeanor or has a pending criminal complaint that could | 6 | | result in a misdemeanor conviction must be reviewed by the | 7 | | agency seeking to grant, renew, employ, or issue the license. | 8 | | The review shall be in writing and based on the guidelines | 9 | | delineated in subsection (d) of this Section. The decision of | 10 | | the agency shall be reviewed by the Director of the Department | 11 | | or his or her designee for compliance with this Section, and | 12 | | the rationale for the decision may be documented and maintained | 13 | | in the applicant's file. | 14 | | All cases where an applicant for licensure, a licensee, an | 15 | | employee of a facility licensed by the Department, or an adult | 16 | | person residing in a child care facility licensed by the | 17 | | Department, including a foster family home, was convicted of a | 18 | | waivable felony must be reviewed by the Director of the | 19 | | Department or his or her designee. The review shall be in | 20 | | writing and based on the guidelines delineated in subsection | 21 | | (d). | 22 | | All cases where an applicant for licensure, a licensee, an | 23 | | employee of a facility licensed by the Department, or an adult | 24 | | person residing in a child care facility licensed by the | 25 | | Department, including a foster family home, committed a sex | 26 | | offense as a minor and is on the Illinois State Police Sex |
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| 1 | | Offender Registry must be reviewed by the Director of the | 2 | | Department or his or her designee. The review shall be in | 3 | | writing and based on the guidelines delineated in subsection | 4 | | (d). | 5 | | The decision of the Director is final. Denials of waivers | 6 | | under this subsection (c) may be appealed pursuant to the | 7 | | Illinois Administrative Procedure Act. | 8 | | (d) The Department shall adopt rules governing guidelines | 9 | | for granting a waiver, which shall include, but not be limited | 10 | | to, consideration of the following factors, and any | 11 | | consideration must include access and review of underlying | 12 | | criminal conviction documents: | 13 | | (1) the nature of the offense, including the age of the | 14 | | offender when the offense was committed, the relationship
| 15 | | between the offender and the victim, the physical or | 16 | | emotional
harm caused to the victim, and whether the | 17 | | offense involved a
minor, a person adjudicated to be a | 18 | | person with a disability under the Probate Act of 1975, or | 19 | | a
person 60 years of age or older; | 20 | | (2) the evidence of rehabilitation, including the | 21 | | length of time that has passed since the offense was | 22 | | committed; whether the individual completed any sentence | 23 | | of incarceration and, if so, when; the circumstances | 24 | | surrounding the commission of the offense; any | 25 | | circumstances that would demonstrate a low or high | 26 | | likelihood of recidivism; the number of offenses for which |
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| 1 | | the individual was convicted; employment references; | 2 | | evidence of participation in therapy or services aimed at | 3 | | rehabilitation; academic transcripts; other information | 4 | | that speaks to the individual's character; | 5 | | (3) the relationship between the criminal offense and | 6 | | the license or employment sought, including capacity to | 7 | | care for children or have access to children; the specific | 8 | | duties and responsibilities related to the license or | 9 | | employment sought and the bearing, if any, the offense has | 10 | | on his or her fitness to perform these duties and | 11 | | responsibilities; | 12 | | (4) the disclosure of the conviction, including | 13 | | whether the applicant for licensure, licensee, employee of | 14 | | a facility licensed by the Department, or adult person | 15 | | residing in a child care facility licensed by the | 16 | | Department, including a foster family home, disclosed | 17 | | whether he or she had a criminal background and the | 18 | | circumstances of the conviction; and | 19 | | (5) the existence of a supervisory or monitoring plan | 20 | | that the Department has approved. | 21 | | (e) If any felony criminal offense or complaint is pending, | 22 | | the Director cannot issue a waiver until the complaint has been | 23 | | resolved. (b) In addition to the other provisions of this | 24 | | Section, no applicant
may
receive a license from the Department | 25 | | and no person
may be employed by a child care facility licensed | 26 | | by the Department who has
been declared a sexually dangerous |
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| 1 | | person under "An Act in relation to
sexually dangerous persons, | 2 | | and providing for their commitment, detention
and | 3 | | supervision", approved July 6, 1938, as amended, or convicted | 4 | | of
committing or attempting to commit any of the following | 5 | | offenses stipulated
under the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012:
| 7 | | (1) murder;
| 8 | | (1.1) solicitation of murder;
| 9 | | (1.2) solicitation of murder for hire;
| 10 | | (1.3) intentional homicide of an unborn child;
| 11 | | (1.4) voluntary manslaughter of an unborn child;
| 12 | | (1.5) involuntary manslaughter;
| 13 | | (1.6) reckless homicide;
| 14 | | (1.7) concealment of a homicidal death;
| 15 | | (1.8) involuntary manslaughter of an unborn child;
| 16 | | (1.9) reckless homicide of an unborn child;
| 17 | | (1.10) drug-induced homicide;
| 18 | | (2) a sex offense under Article 11, except offenses | 19 | | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | 20 | | 11-40, and 11-45;
| 21 | | (3) kidnapping;
| 22 | | (3.1) aggravated unlawful restraint;
| 23 | | (3.2) forcible detention;
| 24 | | (3.3) harboring a runaway;
| 25 | | (3.4) aiding and abetting child abduction;
| 26 | | (4) aggravated kidnapping;
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| 1 | | (5) child abduction;
| 2 | | (6) aggravated battery of a child as described in | 3 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| 4 | | (7) criminal sexual assault;
| 5 | | (8) aggravated criminal sexual assault;
| 6 | | (8.1) predatory criminal sexual assault of a child;
| 7 | | (9) criminal sexual abuse;
| 8 | | (10) aggravated sexual abuse;
| 9 | | (11) heinous battery as described in Section 12-4.1 or | 10 | | subdivision (a)(2) of Section 12-3.05;
| 11 | | (12) aggravated battery with a firearm as described in | 12 | | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 13 | | (e)(4) of Section 12-3.05;
| 14 | | (13) tampering with food, drugs, or cosmetics;
| 15 | | (14) drug induced infliction of great bodily harm as | 16 | | described in Section 12-4.7 or subdivision (g)(1) of | 17 | | Section 12-3.05;
| 18 | | (15) hate crime;
| 19 | | (16) stalking;
| 20 | | (17) aggravated stalking;
| 21 | | (18) threatening public officials;
| 22 | | (19) home invasion;
| 23 | | (20) vehicular invasion;
| 24 | | (21) criminal transmission of HIV;
| 25 | | (22) criminal abuse or neglect of an elderly person or | 26 | | person with a disability as described in Section 12-21 or |
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| 1 | | subsection (e) of Section 12-4.4a;
| 2 | | (23) child abandonment;
| 3 | | (24) endangering the life or health of a child;
| 4 | | (25) ritual mutilation;
| 5 | | (26) ritualized abuse of a child;
| 6 | | (27) an offense in any other jurisdiction the elements | 7 | | of
which are similar and
bear a substantial relationship to | 8 | | any of the foregoing offenses.
| 9 | | (b-1) In addition to the other provisions of this Section, | 10 | | beginning
January 1, 2004, no new applicant and, on the date of
| 11 | | licensure renewal, no current licensee may operate or receive a | 12 | | license from
the
Department to operate, no person may be | 13 | | employed by, and no adult person may
reside in a child care | 14 | | facility licensed by the Department who has been
convicted of | 15 | | committing or attempting to commit any of the following | 16 | | offenses
or an offense in any other jurisdiction the elements | 17 | | of which are similar and
bear a substantial relationship to any | 18 | | of the following offenses:
| 19 | | (I) BODILY HARM
| 20 | | (1) Felony aggravated assault.
| 21 | | (2) Vehicular endangerment.
| 22 | | (3) Felony domestic battery.
| 23 | | (4) Aggravated battery.
| 24 | | (5) Heinous battery.
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| 1 | | (6) Aggravated battery with a firearm.
| 2 | | (7) Aggravated battery of an unborn child.
| 3 | | (8) Aggravated battery of a senior citizen.
| 4 | | (9) Intimidation.
| 5 | | (10) Compelling organization membership of persons.
| 6 | | (11) Abuse and criminal neglect of a long term care | 7 | | facility resident.
| 8 | | (12) Felony violation of an order of protection.
| 9 | | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 10 | | (1) Felony unlawful use of weapons.
| 11 | | (2) Aggravated discharge of a firearm.
| 12 | | (3) Reckless discharge of a firearm.
| 13 | | (4) Unlawful use of metal piercing bullets.
| 14 | | (5) Unlawful sale or delivery of firearms on the | 15 | | premises of any
school.
| 16 | | (6) Disarming a police officer.
| 17 | | (7) Obstructing justice.
| 18 | | (8) Concealing or aiding a fugitive.
| 19 | | (9) Armed violence.
| 20 | | (10) Felony contributing to the criminal delinquency | 21 | | of a juvenile.
| 22 | | (III) DRUG OFFENSES
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| 1 | | (1) Possession of more than 30 grams of cannabis.
| 2 | | (2) Manufacture of more than 10 grams of cannabis.
| 3 | | (3) Cannabis trafficking.
| 4 | | (4) Delivery of cannabis on school grounds.
| 5 | | (5) Unauthorized production of more than 5 cannabis | 6 | | sativa plants.
| 7 | | (6) Calculated criminal cannabis conspiracy.
| 8 | | (7) Unauthorized manufacture or delivery of controlled | 9 | | substances.
| 10 | | (8) Controlled substance trafficking.
| 11 | | (9) Manufacture, distribution, or advertisement of | 12 | | look-alike
substances.
| 13 | | (10) Calculated criminal drug conspiracy.
| 14 | | (11) Street gang criminal drug conspiracy.
| 15 | | (12) Permitting unlawful use of a building.
| 16 | | (13) Delivery of controlled, counterfeit, or | 17 | | look-alike substances to
persons under age 18, or at truck | 18 | | stops, rest stops, or safety rest areas, or
on school | 19 | | property.
| 20 | | (14) Using, engaging, or employing persons under 18 to | 21 | | deliver
controlled, counterfeit, or look-alike substances.
| 22 | | (15) Delivery of controlled substances.
| 23 | | (16) Sale or delivery of drug paraphernalia.
| 24 | | (17) Felony possession, sale, or exchange of | 25 | | instruments adapted
for use of a controlled substance, | 26 | | methamphetamine, or cannabis by subcutaneous injection.
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| 1 | | (18) Felony possession of a controlled substance.
| 2 | | (19) Any violation of the Methamphetamine Control and | 3 | | Community Protection Act.
| 4 | | (b-1.5) In addition to any other provision of this Section, | 5 | | for applicants with access to confidential financial | 6 | | information or who submit documentation to support billing, no | 7 | | applicant whose initial application was considered after the | 8 | | effective date of this amendatory Act of the 97th General | 9 | | Assembly may receive a license from the Department or a child | 10 | | care facility licensed by the Department who has been convicted | 11 | | of committing or attempting to commit any of the following | 12 | | felony offenses: | 13 | | (1) financial institution fraud under Section 17-10.6 | 14 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 15 | | (2) identity theft under Section 16-30 of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012; | 17 | | (3) financial exploitation of an elderly person or a | 18 | | person with a disability under Section 17-56 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012; | 20 | | (4) computer tampering under Section 17-51 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012; | 22 | | (5) aggravated computer tampering under Section 17-52 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 24 | | (6) computer fraud under Section 17-50 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012; | 26 | | (7) deceptive practices under Section 17-1 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012; | 2 | | (8) forgery under Section 17-3 of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012; | 4 | | (9) State benefits fraud under Section 17-6 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012; | 6 | | (10) mail fraud and wire fraud under Section 17-24 of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012; | 8 | | (11) theft under paragraphs (1.1) through (11) of | 9 | | subsection (b) of Section 16-1 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012. | 11 | | (b-2) Notwithstanding subsection (b-1), the Department may | 12 | | make an exception and, for child care facilities other than | 13 | | foster family homes,
issue a new child care facility license to | 14 | | or renew the
existing child care facility license of an | 15 | | applicant, a person employed by a
child care facility, or an | 16 | | applicant who has an adult residing in a home child
care | 17 | | facility who was convicted of an offense described in | 18 | | subsection (b-1),
provided that all of the following | 19 | | requirements are met:
| 20 | | (1) The relevant criminal offense occurred more than 5 | 21 | | years prior to the
date of application or renewal, except | 22 | | for drug offenses. The relevant drug
offense must have | 23 | | occurred more than 10 years prior to the date of | 24 | | application
or renewal, unless the applicant passed a drug | 25 | | test, arranged and paid for by
the child care facility, no | 26 | | less than 5 years after the offense.
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| 1 | | (2) The Department must conduct a background check and | 2 | | assess all
convictions and recommendations of the child | 3 | | care facility to determine if hiring or licensing the | 4 | | applicant is in
accordance with Department administrative | 5 | | rules and
procedures.
| 6 | | (3) The applicant meets all other requirements and | 7 | | qualifications to be
licensed as the pertinent type of | 8 | | child care facility under this Act and the
Department's | 9 | | administrative rules.
| 10 | | (c) In addition to the other provisions of this Section, no
| 11 | | applicant may receive a license from the Department to operate | 12 | | a foster family
home, and no adult person may reside in a | 13 | | foster family home licensed by the
Department, who has been | 14 | | convicted of committing or attempting to commit any of
the | 15 | | following offenses stipulated under the Criminal Code of 1961, | 16 | | the Criminal Code of 2012, the Cannabis
Control Act, the | 17 | | Methamphetamine Control and Community Protection Act, and the | 18 | | Illinois Controlled Substances Act:
| 19 | | (I) OFFENSES DIRECTED AGAINST THE PERSON
| 20 | | (A) KIDNAPPING AND RELATED OFFENSES
| 21 | | (1) Unlawful restraint.
| 22 | | (B) BODILY HARM
| 23 | | (2) Felony aggravated assault.
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| 1 | | (3) Vehicular endangerment.
| 2 | | (4) Felony domestic battery.
| 3 | | (5) Aggravated battery.
| 4 | | (6) Heinous battery.
| 5 | | (7) Aggravated battery with a firearm.
| 6 | | (8) Aggravated battery of an unborn child.
| 7 | | (9) Aggravated battery of a senior citizen.
| 8 | | (10) Intimidation.
| 9 | | (11) Compelling organization membership of persons.
| 10 | | (12) Abuse and criminal neglect of a long term care | 11 | | facility resident.
| 12 | | (13) Felony violation of an order of protection.
| 13 | | (II) OFFENSES DIRECTED AGAINST PROPERTY
| 14 | | (14) Felony theft.
| 15 | | (15) Robbery.
| 16 | | (16) Armed robbery.
| 17 | | (17) Aggravated robbery.
| 18 | | (18) Vehicular hijacking.
| 19 | | (19) Aggravated vehicular hijacking.
| 20 | | (20) Burglary.
| 21 | | (21) Possession of burglary tools.
| 22 | | (22) Residential burglary.
| 23 | | (23) Criminal fortification of a residence or | 24 | | building.
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| 1 | | (24) Arson.
| 2 | | (25) Aggravated arson.
| 3 | | (26) Possession of explosive or explosive incendiary | 4 | | devices.
| 5 | | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 6 | | (27) Felony unlawful use of weapons.
| 7 | | (28) Aggravated discharge of a firearm.
| 8 | | (29) Reckless discharge of a firearm.
| 9 | | (30) Unlawful use of metal piercing bullets.
| 10 | | (31) Unlawful sale or delivery of firearms on the | 11 | | premises of any school.
| 12 | | (32) Disarming a police officer.
| 13 | | (33) Obstructing justice.
| 14 | | (34) Concealing or aiding a fugitive.
| 15 | | (35) Armed violence.
| 16 | | (36) Felony contributing to the criminal delinquency | 17 | | of a juvenile.
| 18 | | (IV) DRUG OFFENSES
| 19 | | (37) Possession of more than 30 grams of cannabis.
| 20 | | (38) Manufacture of more than 10 grams of cannabis.
| 21 | | (39) Cannabis trafficking.
| 22 | | (40) Delivery of cannabis on school grounds.
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| 1 | | (41) Unauthorized production of more than 5 cannabis | 2 | | sativa plants.
| 3 | | (42) Calculated criminal cannabis conspiracy.
| 4 | | (43) Unauthorized manufacture or delivery of | 5 | | controlled substances.
| 6 | | (44) Controlled substance trafficking.
| 7 | | (45) Manufacture, distribution, or advertisement of | 8 | | look-alike substances.
| 9 | | (46) Calculated criminal drug conspiracy.
| 10 | | (46.5) Streetgang criminal drug conspiracy.
| 11 | | (47) Permitting unlawful use of a building.
| 12 | | (48) Delivery of controlled, counterfeit, or | 13 | | look-alike substances to
persons under age 18, or at truck | 14 | | stops, rest stops, or safety rest areas, or
on school | 15 | | property.
| 16 | | (49) Using, engaging, or employing persons under 18 to | 17 | | deliver controlled,
counterfeit, or look-alike substances.
| 18 | | (50) Delivery of controlled substances.
| 19 | | (51) Sale or delivery of drug paraphernalia.
| 20 | | (52) Felony possession, sale, or exchange of | 21 | | instruments adapted for use
of a controlled substance, | 22 | | methamphetamine, or cannabis by subcutaneous injection. | 23 | | (53) Any violation of the Methamphetamine Control and | 24 | | Community Protection Act.
| 25 | | (d) Notwithstanding subsection (c), the Department may | 26 | | make an exception and issue a new foster
family home license or |
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| 1 | | may renew an existing
foster family home license of an | 2 | | applicant who was convicted of an offense
described in | 3 | | subsection (c), provided all of the following requirements are
| 4 | | met:
| 5 | | (1) The relevant criminal offense or offenses occurred | 6 | | more than 10 years
prior to the date of application or | 7 | | renewal.
| 8 | | (2) The applicant had previously disclosed the | 9 | | conviction or convictions
to the Department for purposes of | 10 | | a background check.
| 11 | | (3) After the disclosure, the Department either placed | 12 | | a child in the home
or the foster family home license was | 13 | | issued.
| 14 | | (4) During the background check, the Department had | 15 | | assessed and
waived the conviction in compliance with the | 16 | | existing statutes and rules in
effect at the time of the | 17 | | hire or licensure.
| 18 | | (5) The applicant meets all other requirements and | 19 | | qualifications to be
licensed as a foster family home under | 20 | | this Act and the Department's
administrative
rules.
| 21 | | (6) The applicant has a history of providing a safe, | 22 | | stable home
environment and appears able to continue to | 23 | | provide a safe, stable home
environment.
| 24 | | (e) In evaluating the exception pursuant to subsections | 25 | | (b-2) and (d), the Department must carefully review any | 26 | | relevant documents to determine whether the applicant, despite |
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| 1 | | the disqualifying convictions, poses a substantial risk to | 2 | | State resources or clients. In making such a determination, the | 3 | | following guidelines shall be used: | 4 | | (1) the age of the applicant when the offense was | 5 | | committed; | 6 | | (2) the circumstances surrounding the offense; | 7 | | (3) the length of time since the conviction; | 8 | | (4) the specific duties and responsibilities | 9 | | necessarily related to the license being applied for and | 10 | | the bearing, if any, that the applicant's conviction | 11 | | history may have on his or her fitness to perform these | 12 | | duties and responsibilities; | 13 | | (5) the applicant's employment references; | 14 | | (6) the applicant's character references and any | 15 | | certificates of achievement; | 16 | | (7) an academic transcript showing educational | 17 | | attainment since the disqualifying conviction; | 18 | | (8) a Certificate of Relief from Disabilities or | 19 | | Certificate of Good Conduct; and | 20 | | (9) anything else that speaks to the applicant's | 21 | | character. | 22 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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