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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 175/) Secure Residential Youth Care Facility Licensing Act. 730 ILCS 175/Art. 5
(730 ILCS 175/Art. 5 heading)
ARTICLE 5.
JUVENILE JUSTICE
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 15
(730 ILCS 175/Art. 15 heading)
ARTICLE 15.
GANGS
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 20
(730 ILCS 175/Art. 20 heading)
ARTICLE 20.
ALCOHOL ABUSE
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 25
(730 ILCS 175/Art. 25 heading)
ARTICLE 25.
DRUG ABUSE
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 30
(730 ILCS 175/Art. 30 heading)
ARTICLE 30.
FIREARMS
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 35
(730 ILCS 175/Art. 35 heading)
ARTICLE 35
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 40
(730 ILCS 175/Art. 40 heading)
ARTICLE 40
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 45
(730 ILCS 175/Art. 45 heading)
ARTICLE 45
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730 ILCS 175/45-1
(730 ILCS 175/45-1)
Sec. 45-1.
Short title.
This Article may be cited as the Secure
Residential Youth Care Facility Licensing Act, and references in this Article
to "this Act" mean this Article.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-5
(730 ILCS 175/45-5)
Sec. 45-5.
Purpose.
The Illinois Department of Corrections shall
establish
a system of licensure for secure residential youth care facilities in
accordance with this Act for the following purposes:
(1) Protection of the health, welfare, and safety of | |
(2) Protection of the safety of the general public.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-10
(730 ILCS 175/45-10)
Sec. 45-10. Definitions. As used in this Act:
"Department" means the Illinois Department of Corrections.
"Director" means the Director of Corrections.
"Secure residential youth care facility" means a facility (1) where youth are
placed and reside for care, treatment, and custody; (2) that is designed and
operated so as to ensure that all entrances and exits from the facility, or
from a building or distinct part of a building within the facility, are under
the exclusive control of the staff of the facility, whether or not the youth
has freedom of movement within the perimeter of the facility or within the
perimeter of a building or distinct part of a building within the facility; and
(3) that uses physically restrictive construction including, but not limited
to, locks, bolts, gates, doors, bars, fences, and screen barriers. This
definition does not include jails, prisons, detention centers, or other such
correctional facilities; State operated mental health facilities; or facilities
operating as psychiatric hospitals under a license pursuant to the ID/DD Community Care Act, the MC/DD Act, the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Hospital Licensing Act.
"Youth" means an adjudicated delinquent who is 18 years of age or under and
is transferred to the Department pursuant
to Section 3-10-11 of the Unified Code of Corrections.
(Source: P.A. 99-180, eff. 7-29-15.)
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730 ILCS 175/45-15
(730 ILCS 175/45-15)
Sec. 45-15.
Necessity of license.
(a) No person may establish, operate, maintain, offer, or advertise a secure
residential youth care facility within this State unless he or she is licensed
by the Department.
(b) The Director shall establish policies and coordinate activities relating
to licensing of secure residential youth care facilities.
(c) Any facility or agency which is exempt from licensing may apply for
licensing if licensing is required for some government benefit.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-20
(730 ILCS 175/45-20)
Sec. 45-20.
Application and fee.
(a) Any person, group of persons,
corporation,
or
other entity who or which
receives youth or arranges for care or placement of one or more
youth unrelated to the operator must apply for a license to operate a secure
residential youth care facility. Application for a license to operate a secure
residential youth care facility
must be made to the Department in the manner and on forms prescribed by
the Department. If, upon examination of the facility and
investigation of
persons responsible for care of youth, the Department is satisfied
that the facility and responsible persons reasonably meet standards
prescribed for the type of facility for which application is made, it
shall issue a license in proper form, designating on that license the
number of youth to be served at any one time.
(b) All applications shall be accompanied by an application fee as
prescribed by the Department. The fee shall be deposited into
the Secure Residential Youth Care Facility Fund, which is
created as a special fund in the State Treasury. Moneys in the Fund
shall be used by the Department for expenses related to the administration of
this Act and for no other purpose.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-25
(730 ILCS 175/45-25)
Sec. 45-25.
Criminal background investigations.
The Department shall
require that each secure residential youth care facility license applicant
as part of the
application process, and each employee of a facility as a condition of
employment, authorize an investigation to determine if the
applicant or employee has ever been charged with a crime and, if so, the
disposition of those charges. The authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon receiving an
authorization, the Director may request and receive information and
assistance from any federal, State, or local governmental agency as part of
the authorized investigation. The Department of State Police shall provide
information concerning any criminal charges, and their disposition, now or
hereafter filed, against an applicant or facility employee upon
request of the Department when the request
is made in the form and manner required by the Department of State Police.
Information concerning convictions of a license applicant investigated
under this Section, including the source of the information and any
conclusions or recommendations derived from the information, shall be
provided, upon written request, to the applicant before final action by the
Department on the application. Information on convictions of employees
or prospective employees of facilities licensed under this Act
shall be provided to the operator of the facility, and, upon written request,
to
the employee or prospective employee. Information concerning criminal
charges and the disposition of charges obtained by the Department
shall be confidential and may not be transmitted outside the Department,
except as required by this Section, and may not be transmitted to anyone within
the
Department except as needed for the purpose of evaluating an application or
a facility employee. Only information and standards that bear a
reasonable and rational relation to the performance of a facility shall be used
by the Department or any licensee. Any employee of
the Department, Department of State Police,
or a facility receiving confidential information under this
Section who gives or causes to be given any confidential information
concerning any criminal convictions of a facility applicant or
facility employee is guilty of a Class A misdemeanor
unless release of that information is authorized by this Section.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-30
(730 ILCS 175/45-30)
Sec. 45-30. License or employment eligibility.
(a) No applicant may receive a
license from the Department and no
person may be employed by a licensed facility who refuses to
authorize an investigation as required by Section 45-25.
(b) No applicant may receive a license from the Department and no person may
be employed by a secure residential youth care facility licensed by the
Department who has
been declared a sexually dangerous person under the Sexually Dangerous Persons
Act or convicted of
committing or attempting to commit any of the following offenses under the
Criminal Code of 1961 or the Criminal Code of 2012:
(1) First degree murder.
(2) A sex offense under Article 11, except offenses | | described in Sections 11-7, 11-8, 11-12, 11-13, 11-18, 11-35, 11-40, and 11-45.
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(3) Kidnapping.
(4) Aggravated kidnapping.
(5) Child abduction.
(6) Aggravated battery of a child as described in
| | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
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(7) Criminal sexual assault.
(8) Aggravated criminal sexual assault.
(8.1) Predatory criminal sexual assault of a child.
(9) Criminal sexual abuse.
(10) Aggravated criminal sexual abuse.
(11) A federal offense or an offense in any other
| | state the elements of which are similar to any of the foregoing offenses.
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(Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11; 96-1551, Article 2, Section 1080, eff. 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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730 ILCS 175/45-35
(730 ILCS 175/45-35)
Sec. 45-35.
Child abuse and neglect reports.
(a) All secure residential youth care facility
license applicants and all current and prospective employees of a secure
residential youth care facility who have any possible contact with youth in the
course of
their duties, as a condition of licensure or employment, shall
authorize in writing on a form prescribed by the Department an
investigation of the Central Register, as defined in the Abused and
Neglected Child Reporting Act, to ascertain if the applicant or employee
has been determined to be a perpetrator in an indicated report of child
abuse or neglect.
(b) All secure residential youth care facilities as a condition of licensure
under this
Act shall maintain records showing that all current
employees and other applicants for employment who have any possible contact
with youth in the course of their duties have authorized an
investigation of the Central Register as required in subsection (a) of this
Section. Only those current or prospective employees who will have no possible
contact with youth as part of their present or prospective employment
may be excluded from provisions that require authorization of an investigation.
(c) Information concerning a license applicant, employee, or prospective
employee obtained by the Department shall be confidential and
exempt from public inspection and copying as provided under Section 7 of
the Freedom of Information Act, and that information shall not be
transmitted outside the Department, except as provided in the Abused and
Neglected Child Reporting Act,
and shall not be transmitted to anyone within the Department
except as provided in the Abused and Neglected Child Reporting Act or needed
for the purposes of evaluation of an application for
licensure or for consideration by a secure residential youth care facility of
an employee. Any
employee of the Department who gives or causes to be given any confidential
information
concerning child abuse or neglect reports about a facility
applicant or facility employee shall be guilty of a Class A
misdemeanor unless release of the information is authorized by Section
11.1 of the Abused and Neglected Child Reporting Act.
(d) Any licensee who is informed by the Department of Children
and Family Services, under Section 7.4 of the Abused and Neglected
Child Reporting Act, that a formal
investigation has commenced relating to an employee of the facility or any
other person in frequent contact with youth at the
facility, shall take reasonable action necessary to ensure that the
employee or other person is restricted during the pendency of the
investigation from contact with youth whose care has been entrusted
to the facility.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-40
(730 ILCS 175/45-40)
Sec. 45-40.
Background investigations; license applicants.
For the
purposes
of background investigations authorized under
this Act, "license applicant" means the operator or person with direct
responsibility for daily operation of the secure residential youth care
facility to be licensed.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-45
(730 ILCS 175/45-45)
Sec. 45-45.
Cooperation with State agencies.
(a) The Department shall coordinate the functions within State government
affecting facilities licensed under this Act and shall cooperate with other
State agencies that establish standards or requirements for facilities to
ensure necessary, equitable, and consistent State supervision of licensees
without unnecessary duplication of complaint investigations or survey,
evaluation, and consultation services.
(b) The Department shall enter into agreements with other State
departments, agencies, or commissions that are necessary to effectuate the
purpose of this Section.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-50
(730 ILCS 175/45-50)
Sec. 45-50.
Licenses and permits.
(a) Upon receipt of an application filed in
proper order, the Department shall examine the facilities and persons
responsible for the care of youth.
(b) Licenses shall be issued in the form and manner prescribed
by the Department and are valid for 2 years from the date issued, unless
revoked by the Department or voluntarily surrendered by the licensee. When
a licensee has made timely and sufficient application for the renewal of
a license
the existing license shall continue in full force and effect for
up to 30 days until the final agency decision on the application has been
made. The Department may further extend the period in which a decision
must be made in individual cases for up to 30 days, but an extension
shall be only upon good cause shown.
(c) The Department may issue one 6-month permit to a newly
established secure residential youth care facility to allow that facility
reasonable
time to become eligible for a full license.
(d) During the hours of operation of any licensed secure residential youth
care
facility, authorized representatives of the Department may without
notice visit the facility to evaluate the facility's continuing
compliance with this Act or rules adopted under this Act.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-52
(730 ILCS 175/45-52)
Sec. 45-52.
Certification by applicant.
No applicant shall be issued a
permit or license unless it certifies to the Department in a form satisfactory
to the Department that the proposed secure residential youth care facility is
in
compliance with all applicable zoning, planning, and land use laws, ordinances,
and regulations.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-55
(730 ILCS 175/45-55)
Sec. 45-55.
License renewal.
(a) A licensed secure residential youth care facility
must apply for renewal of its license
to the Department on forms prescribed by the Department.
(b) The Department, or a suitable
agency or person designated by the Department as its agent, must
re-examine every secure residential youth care facility applying for renewal of
its license, including
an examination of the premises and records of the facility as
the Department considers necessary to determine that minimum standards for
licensing continue to be met.
If the Department is
satisfied that the facility continues to maintain the minimum standards that
it
prescribes and publishes, it shall renew the license to operate the facility.
(c) If a secure residential youth care facility's license is revoked, or if
the
Department refuses to renew a facility's license, the facility may not
reapply for a license before the expiration of 12 months following the
Department's action; however, the denial of a reapplication
for a license under this subsection must be supported by evidence
that the prior revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the Department under
this Act or maintaining a facility which adheres to those standards and
rules.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-60
(730 ILCS 175/45-60)
Sec. 45-60.
Minimum standards.
(a) The Department must prescribe and
publish minimum standards
for licensing that apply to secure residential youth care facilities. The
Department may consult with the Department of Children and Family Services and
any other resources as deemed necessary by the Department and seek
the advice and assistance of persons representative of the various types of
secure residential youth care facilities in establishing standards. Standards
prescribed and published under this Act take effect as provided in the
Illinois Administrative Procedure Act, and are restricted to
regulations pertaining to the following:
(1) The operation and conduct of the facility and | | responsibility it assumes for secure care.
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(2) The character, suitability, and qualifications of
| | the applicant and other persons directly responsible for the care and welfare of the youth served.
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(3) The general financial ability and competence of
| | the applicant to provide necessary care for youth and to maintain prescribed standards.
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(4) The number of individuals or staff required to
| | ensure adequate supervision and care of the youth received.
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(5) The appropriateness, safety, cleanliness, and
| | general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the physical comfort, care and well-being of youth received in a secure environment.
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(6) Provisions for food, clothing, educational
| | opportunities, and other programs and services as assessed by the Department of Corrections.
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(7) Provisions to safeguard the legal rights of youth
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(8) Maintenance of records pertaining to the
| | admission, progress, health, and discharge of youth. The Department shall require proof that youth enrolled in a secure residential youth care facility have been immunized as required by the rules of the Department.
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(9) Filing of reports with the Department.
(10) Discipline of youth.
(11) Protection of the particular religious faith of
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(12) Provisions prohibiting firearms on the premises
| | except in the possession of peace officers.
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(13) Use of force in the maintenance of security and
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(14) Issuance of warrants for apprehension and
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(b) The Department, in applying standards prescribed and published under
this Section, shall upon request offer consultation through employed staff or
other
qualified persons to assist applicants and licensees meet and
maintain minimum license requirements and to help them
achieve programs of excellence related to the care of youth served.
(c) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each licensee or
holder of a permit shall distribute to secure residential youth care facilities
under its
supervision copies of the appropriate licensing
standards and any other information required by the Department. Each licensee
or holder of a permit
shall maintain appropriate documentation of the distribution of the
standards. The documentation shall be part of the records of the facility
and subject to inspection by authorized representatives of the Department.
(d) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards applicable
to that person's facility. Each licensee or holder of a permit shall make
available, at all times in a common or otherwise accessible area,
a complete and current set of licensing standards so that all
employees of the facility may have unrestricted access to the standards.
All employees of the facility shall review the standards and any
subsequent changes. Each licensee or holder of a permit shall maintain
appropriate documentation of the current review of licensing standards by
all employees. The records shall be part of the records of the facility
and subject to inspection by authorized representatives of the Department.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-65
(730 ILCS 175/45-65)
Sec. 45-65.
Maximum allowable capacity.
The Department shall determine
the
need for and the maximum allowable capacity of secure residential youth care
facilities pursuant to rules promulgated in accordance with the Illinois
Administrative Procedure Act.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-70
(730 ILCS 175/45-70)
Sec. 45-70.
License revocation; refusal to renew.
The Department may
revoke
or refuse to renew the license of any
secure residential youth care facility or refuse to issue a full license to the
holder of a
permit
should the licensee or holder of a permit do any of the following:
(1) Fail to maintain standards prescribed by the | |
(2) Violate any of the provisions of the license
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(3) Furnish or make a misleading or false statement
| | or report to the Department.
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(4) Refuse to submit to the Department required
| | reports or refuse to make available to the Department any records required by the Department in conducting an investigation of the facility for licensing purposes.
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(5) Fail or refuse to submit to an investigation by
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(6) Fail or refuse to admit authorized
| | representatives of the Department at any time for the purpose of investigation.
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(7) Fail to provide, maintain, equip, and keep in
| | safe and sanitary condition premises established or used for secure care required under standards prescribed by the Department or required by any law, regulation, or ordinance applicable to the location of the facility.
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(8) Refuse to display its license or permit.
(9) Be the subject of an indicated report under
| | Section 3 of the Abused and Neglected Child Reporting Act or fail to discharge or sever affiliation with the facility of an employee or volunteer at the facility with direct contact with youth who is the subject of an indicated report under Section 3 of that Act.
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(10) Fail to exercise reasonable care in the hiring,
| | training, and supervision of facility personnel.
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(11) Fail to report suspected abuse or neglect of
| | children within the facility, as required by the Abused and Neglected Child Reporting Act.
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(12) Fail to report to the Department unusual
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(13) Be identified in an investigation by the
| | Department as an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, or be a person whom the Department knows has abused alcohol or drugs and who has not successfully participated in treatment, self-help groups, or other suitable activities and the Department determines that because of the abuse the licensee, holder of the permit, or any other person directly responsible for the care and welfare of the youth served does not comply with standards relating to character, suitability, or other qualifications established under Section 45-30 of this Act.
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(14) Fail to correct any condition which jeopardizes
| | the health, safety, or welfare of children served by the facility.
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(15) Fail to correct any condition or occurrence
| | relating to the operation or maintenance of the facility that violates Section 45-75 of this Act.
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(16) Fail to maintain financial resources adequate
| | for the satisfactory care of youth served in regard to upkeep of premises and provisions for personal care, medical services, clothing, education, and other essentials in the proper care, rearing, and training of youth received.
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(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-75
(730 ILCS 175/45-75)
Sec. 45-75.
Conditional license.
The Department may issue a conditional
license to any secure
residential youth care facility which is licensed under this Act. The
conditional
license shall be a nonrenewable license issued for a period of 6 months and the
Department shall revoke any other license held by the conditionally
licensed facility. Conditional licenses shall
be granted only to facilities in which there exists no threat to the health,
safety, or welfare of the youth served. A complete list of
deficiencies and a corrective plan approved by the Department shall
exist at the time a conditional license is issued. Failure by the
facility to correct the deficiencies or meet all licensing standards at the
end of the conditional license period
shall result in immediate revocation of or refusal to renew the facility's
license as provided in Section 45-80 of this Act.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-80
(730 ILCS 175/45-80)
Sec. 45-80.
Procedure for revocation or refusal to review; notice.
(a) Prior to
revocation or refusal to renew a license, the Department shall
notify the licensee by registered mail, return receipt requested, at the
address
specified on the license, or at the address of the ranking or presiding
officer of a board of directors, or any equivalent body conducting a secure
residential youth care facility, of the contemplated action and that the
licensee may, within
10 days of notification, dating from receipt of the registered
mail, request in writing a public hearing before the Department and, at
the same time, may request a written statement of charges from the
Department.
(b) Upon written request by the licensee, the Department shall furnish
a written statement of charges, and, at the same time, shall set the
date and place for the hearing. The charges and notice of the hearing shall
be delivered by registered mail, return receipt requested, and the hearing must
be held within 30 days, dating from the date of the postmark of the
registered mail, except that notification must be received by the licensee at
least 15 days in
advance of the date set for the hearing.
(c) If no request for a hearing is made within 10 days after
notification, or if the Department determines, upon holding a hearing, that
the license should be revoked or renewal denied, then the license shall be
revoked or renewal denied.
(d) Upon the hearing in which the license is revoked,
renewal of license is refused, or full license is denied the Director, or any
officer or employee duly authorized by him or her in
writing, may administer oaths and the Department may procure, by its
subpoena, the attendance of witnesses and the production of relevant documents.
(e) At the time and place designated, the Director or
the officer or employee authorized by him or her in writing, shall hear the
charges and both the Department and the licensee shall be allowed to
present in person or by counsel statements, testimony, and evidence that
may be pertinent to the charges or to the defense. The hearing
officer may continue the hearing from time to time, but not to exceed a
single period of 30 days, unless special extenuating circumstances make
further continuance feasible.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-85
(730 ILCS 175/45-85)
Sec. 45-85.
Complaint substantiation.
Before the Department initiates a
full-scale investigation of any complaint received regarding a secure
residential youth care
facility the Department may, when appropriate, provide procedures for the
substantiation of the complaint.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-90
(730 ILCS 175/45-90)
Sec. 45-90.
Attendance of witnesses; production of documents; contempt.
Any
circuit court, upon application either of
the person requesting a hearing or of the Department, may require the
attendance of
witnesses and the production of relevant documents before the
Department in any hearing relating to the refusal or revocation of
licenses. The refusal or neglect to obey the order of the court compelling
the attendance or production is punishable as in other cases of contempt.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-95
(730 ILCS 175/45-95)
Sec. 45-95.
Operation without license.
Whenever the Department is advised, or has reason to believe, that any
person, group of persons, corporation, or other entity is operating a secure
residential youth care facility
without a license or permit, it shall make an investigation to ascertain the
facts. If the Department is denied access, it shall request intervention
by local, county, or State law enforcement agencies to seek an appropriate
court order or warrant to examine the premises. A person or entity
preventing the Department from carrying out its duties under this Section
is guilty of a violation of this Act.
If the Department finds that the secure residential youth care
facility is
being, or has, operated
without a license or permit, it shall report the results of its investigation
to the Attorney General and to the appropriate State's Attorney for
prosecution.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-100
(730 ILCS 175/45-100)
Sec. 45-100.
Injunction.
Upon request of the Director, the Attorney
General
or the State's
Attorney of the county in which the violation occurred shall initiate
injunction proceedings whenever it appears that any person, group of
persons, corporation, or other entity is engaged or about to engage in any acts
or
practices which constitute or will constitute a violation of this Act or
any rule or regulation prescribed under this Act. Upon a proper
showing, any circuit court may enter a permanent or preliminary injunction
or temporary restraining order without bond to enforce this Act or any rule
or regulation prescribed under this Act in addition to the penalties and other
remedies provided in this Act.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-105
(730 ILCS 175/45-105)
Sec. 45-105.
Closure order.
Whenever the Department expressly finds that
the
continued
operation of a secure residential youth care facility
jeopardizes the health, safety,
or welfare of youth served by the facility, the Department shall
issue an order of closure directing that the operation of the facility
terminate immediately and, if applicable, shall initiate revocation
proceedings under Section 45-80 within 10 working days. A facility closed
under this Section may not operate during the pendency of any proceeding
for the judicial review of the decision of the Department to issue an order of
closure or to revoke or refuse to renew the license except under court order.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-110
(730 ILCS 175/45-110)
Sec. 45-110.
Advertisement of services by licensed facilities.
A secure residential youth care facility licensed or operating under a permit
issued by the
Department may publish advertisements of the services for which it is
specifically licensed or issued a permit under this Act. No person, unless
licensed or holding a permit as a secure residential youth care facility, may
cause to be
published any advertisement soliciting youth for care or
placement or offering a youth for care or placement.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-115
(730 ILCS 175/45-115)
Sec. 45-115.
Recordkeeping; confidentiality.
(a) Every secure residential youth care facility must keep and maintain such
records as the
Department may prescribe pertaining to the admission, progress, health, and
discharge of youth under the care of the facility and shall report
to the Department whenever requested upon forms
prescribed by the Department. All records regarding youth and all facts
learned about youth and their relatives must be kept confidential both
by the youth care facility and by the Department.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist the early
identification and treatment of habitual juvenile offenders.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-120
(730 ILCS 175/45-120)
Sec. 45-120.
Administrative Review Law.
The Administrative Review Law
and
the rules adopted under it shall apply to and govern all proceedings for the
judicial review of
final
administrative decisions of the Department. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-125
(730 ILCS 175/45-125)
Sec. 45-125.
Violations.
(a) Any person, group of persons, association, corporation, or other entity
who:
(1) Conducts, operates or acts as a secure | | residential youth care facility without a license or permit to do so in violation of Section 45-15 of this Act; or
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(2) Makes materially false statements in order to
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(3) Fails to keep the records and make the reports
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(4) Advertises any service not authorized by license
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(5) Publishes any advertisement in violation of this
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(6) Violates any other provision of this Act or any
| | reasonable rule or regulation adopted and published by the Department for the enforcement of the provisions of this Act;
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is guilty of a Class A misdemeanor and in case of an
association, corporation, or other entity, imprisonment may be imposed upon its
officers who knowingly participated in the violation.
(b) Any secure residential youth care facility that continues to operate
after
its license is revoked under Section 45-70 of this Act or after its license
expires and the Department refused to renew the license as provided in Section
45-70 of this Act is guilty of a business offense and shall be fined an amount
in
excess of $500 but not exceeding $10,000, and each day of violation is a
separate offense.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-190
(730 ILCS 175/45-190)
Sec. 45-190.
Severability.
The provisions of this Act are severable
under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-900
(730 ILCS 175/45-900)
Sec. 45-900.
(Amendatory provisions; text omitted).
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-905
(730 ILCS 175/45-905)
Sec. 45-905.
(Amendatory provisions; text omitted).
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-910
(730 ILCS 175/45-910)
Sec. 45-910.
(Amendatory provisions; text omitted).
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/45-915
(730 ILCS 175/45-915)
Sec. 45-915.
(Amendatory provisions; text omitted).
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/Art. 50
(730 ILCS 175/Art. 50 heading)
ARTICLE 50
(Amendatory provisions; text omitted)
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730 ILCS 175/Art. 990
(730 ILCS 175/Art. 990 heading)
ARTICLE 990
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730 ILCS 175/990-1
(730 ILCS 175/990-1)
Sec. 990-1.
Severability.
The provisions of this Act are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 88-680, eff. 1-1-95 .)
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730 ILCS 175/Art. 999
(730 ILCS 175/Art. 999 heading)
ARTICLE 999
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730 ILCS 175/999-1
(730 ILCS 175/999-1)
Sec. 999-1.
Effective date.
This Act takes effect January 1, 1995.
(Source: P.A. 88-680, eff. 1-1-95 .)
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