Statutes > Illinois Statutes > CHAPTER 730 CORRECTIONS > 730 ILCS 175/ Secure Residential Youth Care Facility Licensing Act. > Article 45

Article 45


      (730 ILCS 175/Art. 45 heading)
ARTICLE 45

    (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.)

    (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
     residents.
        (2) Protection of the safety of the general public.
(Source: P.A. 88‑680, eff. 1‑1‑95.)

    (730 ILCS 175/45‑10)
    (Text of Section before amendment by P.A. 96‑339)
    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 Nursing Home Care Act 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. 88‑680, eff. 1‑1‑95.)
 
    (Text of Section after amendment by P.A. 96‑339)
    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 MR/DD Community Care Act, the Nursing Home Care Act, 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. 96‑339, eff. 7‑1‑10.)

    (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.)

    (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.)

    (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.)

    (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:
        (1) First degree murder.
        (2) A sex offense under Article 11, except offenses
     described in Sections 11‑7, 11‑8, 11‑12, 11‑13 and 11‑18.
        (3) Kidnapping.
        (4) Aggravated kidnapping.
        (5) Child abduction.
        (6) Aggravated battery of a child.
        (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.
(Source: P.A. 88‑680, eff. 1‑1‑95; 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.
        (2) The character, suitability, and qualifications
     of the applicant and other persons directly responsible for the care and welfare of the youth served.
        (3) The general financial ability and competence of
     the applicant to provide necessary care for youth and to maintain prescribed standards.
        (4) The number of individuals or staff required to
     ensure adequate supervision and care of the youth received.
        (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.
        (6) Provisions for food, clothing, educational
     opportunities, and other programs and services as assessed by the Department of Corrections.
        (7) Provisions to safeguard the legal rights of
     youth served.
        (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.
        (9) Filing of reports with the Department.
        (10) Discipline of youth.
        (11) Protection of the particular religious faith of
     the youth served.
        (12) Provisions prohibiting firearms on the premises
     except in the possession of peace officers.
        (13) Use of force in the maintenance of security and
     control.
        (14) Issuance of warrants for apprehension and
     detention.
    (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.)

    (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.)

    (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
     Department.
        (2) Violate any of the provisions of the license
     issued.
        (3) Furnish or make a misleading or false statement
     or report to the Department.
        (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.
        (5) Fail or refuse to submit to an investigation by
     the Department.
        (6) Fail or refuse to admit authorized
     representatives of the Department at any time for the purpose of investigation.
        (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.
        (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.
        (10) Fail to exercise reasonable care in the hiring,
     training, and supervision of facility personnel.
        (11) Fail to report suspected abuse or neglect of
     children within the facility, as required by the Abused and Neglected Child Reporting Act.
        (12) Fail to report to the Department unusual
     incidents.
        (13) Be identified in an investigation by the
     Department as an addict or alcoholic, as defined in the Alcoholism and