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  1. #1
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    Default Ineligible to Receive State Subsidies as Child Care Provider Due to Criminal History

    My question involves criminal law for the state of: IL. I was denied childcare payments because of a class 3 felony conviction of aggravated battery in 1998. I have had a CANTS background check and have received payments before but was told somehow the conviction had got overlooked. I asked about an appeal and was told it would be a waste of time. Is there a way to get a waiver or what else can I do to fix this problem?

  2. #2
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    Default Re: Ineligible to Receive State Subsidies as a Child Care Provier Due to Criminal His

    See 89 Ill. Adm. Code 385, Appendix A. You can see if this subsection applies to the facts of your case:
    Quote Quoting 89 Ill. Adm. Code 385
    c) Exception Applicable to Child Care Facilities Other than Foster Family Homes.

    Notwithstanding subsection (a), the Department may issue a new child care facility license or may renew the existing child care facility license of an applicant, or an applicant who has an adult residing in a home child care facility who was convicted of an offense described in subsection (b), or the Department may approve the employment of a person by a child care facility who was convicted of an offense described in subsection (b), provided that all of the following requirements are met:

    1) The relevant criminal offense or offenses occurred more than 5 years prior to the date of application or renewal, except for drug offenses. The relevant drug offense must have occurred more than 10 years prior to the date of application or renewal, unless the applicant or prospective employee has passed a drug test, arranged and paid for by the child care facility, no less than 5 years after the offense;

    2) The Department must conduct a background check and assess all convictions and recommendations of the child care facility in accordance with Section 385.60(d), (e) and (f) and determine if a waiver is applicable in accordance with subsection (c)(1);

    3) The applicant meets all other requirements and qualifications to obtain a license to operate the pertinent type of child care facility. [225 ILCS 10/4.2(b-2)]

  3. #3
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    Apr 2013
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    Default Re: Ineligible to Receive State Subsidies as a Child Care Provier Due to Criminal His

    Where can I find this information and should I use it in an appeal?

  4. #4
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    Default Re: Ineligible to Receive State Subsidies as a Child Care Provier Due to Criminal His

    Quote Quoting Cheri
    View Post
    Where can I find this information and should I use it in an appeal?
    http://www.ilga.gov/commission/jcar/...5sections.html

    If you do not meet the criteria in the code, you should appeal. You will need to cite evidence in the code, by statute, in your appeal.

  5. #5
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    Default Re: Ineligible to Receive State Subsidies as a Child Care Provier Due to Criminal His

    Follow the link provided to the Illinois Administrative Code.

  6. #6
    Join Date
    Apr 2013
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    6

    Default Re: Ineligible to Receive State Subsidies as a Child Care Provier Due to Criminal His

    Thanks. Should I quote this information when filing an appeal?

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