PART 407 LICENSING STANDARDS FOR DAY CARE CENTERS (3/15/2006)

Section 407.45 Definitions

"Accredited college or university" means a college or university that has been accredited by a regional or national institutional accrediting association recognized by the U.S. Department of Education or a non-governmental recognition counterpart.

"Age-appropriate safety restraint" for a child under four years of age means a child restraint system (infant carrier, infant/toddler seat, or convertible safety seat) that meets the standards of the United States Department of Transportation designed to restrain, seat or position children. For a child four years of age or older, an age-appropriate safety restraint means a child restraint system or seat belt (lap belt or lap-shoulder belt combination).

"Attendance" means the total number of children present at any one time.

"Authorized representative of the Department" means a licensing representative or any person acting on behalf of the Director of the Department.

"Background check" means:

a criminal history check via fingerprints of persons age 18 and over that are submitted to the Illinois State Police and the Federal Bureau of Investigation (FBI) for comparison to their criminal history records, as appropriate; and

a check of the Statewide Automated Child Welfare Information System (SACWIS) and other states' child protection systems, as appropriate, to determine whether an individual has been alleged or indicated as a perpetrator of child abuse or neglect; and

a check of the Illinois Sex Offender Registry.

"CANTS" means the Child Abuse and Neglect Tracking System operated and maintained by the Department. This system is being replaced by the Statewide Automated Child Welfare Information System (SACWIS).

"Child" means any person under 18 years of age. (Section 2.01 of the Child Care Act of 1969 [225 ILCS 10/2.01])

"Child care facility" means any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in the Child Care Act of 1969, established and maintained for the care of children. (Section

2.05 of the Child Care Act of 1969 [225 ILCS 10/2.05])

"Child care staff" means all staff members providing direct care to children.

"Consultant" means a person providing technical assistance or advice regarding any aspect of the program operation.

"Corporal punishment" means hitting, spanking, swatting, beating, shaking, pinching, excessive exercise, exposure to extreme temperatures, and other measures that produce physical pain.

"Cot" means a comfortable, safe and child-sized alternative bed made of resilient, sanitizable fabric, that is on legs or otherwise above the floor and can be stored to allow for air flow.

"Day care center" means any child care facility which regularly provides day care for less than 24 hours per day for more than 8 children in a family home or more than 3 children in a facility other than a family home, including senior citizen buildings. The term does not include:

programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning that serve children who shall have attained the age of 3 years; or

private entities on the grounds of public or private elementary or secondary schools that serve children who have attained the age of 3 years, except that this exception applies only to the facility and not to the private entities' personnel operating the program;

programs or that portion of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Education;

educational program or programs serving children who shall have attained the age of 3 years and which are operated by a school which is registered with the State Board of Education and which is recognized or accredited by a recognized national or multi-state educational organization or association which regularly recognizes or accredits schools;

programs which exclusively serve or that portion of the program which serves handicapped children who shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and applicable fire marshal standards;

facilities operated in connection with a shopping center or service, religious services or other similar facility where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available;

any type of day care center that is conducted on federal government premises;

special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations;

part day child care facilities, as defined in Section 2.10 of the Act; or

programs or that portion of the program which:

serves children who shall have attained the age of 3 years,

is operated by churches or religious institutions as described in Section 501(c)(3) of the federal Internal Revenue Code,

receives no governmental aid,

is operated as a component of religious, nonprofit elementary school, · operates primarily to provide religious education, and

meets appropriate State or local health and fire safety standards.

For purposes of this Section, "children who shall have attained the age of 3 years" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program. (Section 2.09 of the Child Care Act of 1969 [225 ILCS 10/2.09])

"Department" means the Illinois Department of Children and Family Services. (Section 2.02 of the Child Care Act of 1969 [225 ILCS 10/2.02])

"Disinfect" means to eliminate virtually all germs from inanimate surfaces through the use of chemicals or physical agents (e.g., heat). In the child care environment, a solution of cup household liquid chlorine bleach added to one gallon of tap water and prepared fresh daily is an effective disinfectant for environmental surfaces and other objects.

"Early childhood" means the years from birth through age six.

"Early childhood assistant" means a staff member who works under the direct supervision of an early childhood teacher and does not assume responsibility for a group of children.

"Early childhood teacher" means a staff member responsible for a group of infants, toddlers or preschool children.

"Employee", as used in this Part, means any staff person employed by a child care facility and includes any substitute or assistant. This definition includes administrative, professional and support staff who have access to children in their present or prospective employment.

"Enrollment" means the total number of children served by the facility on either a part-time or full-time basis.

"Governing body", as used in this Part, means the board of directors of a corporation. Otherwise, the term means the owners or other persons, agency, association or organization legally responsible for the operation of the day care center that serves as the policy-making authority and that exercises general direction over the affairs of the facility.

"Group" means a specific number of children who remain together at least 60 percent of the time they are at the facility.

"Guardian" means the guardian of the person of a minor. (Section 2.03 of the Child Care Act of 1969 [225 ILCS 10/2.03])

"Guidance/discipline" means the ongoing process of helping children to develop inner controls so that they can manage their own behavior in socially approved ways.

"Infant" means a child from six weeks through 14 months of age.

"Initial background check" means fingerprints have been obtained, as verified by a receipt from the fingerprint vendor, and the individual has cleared a check of the Statewide Automated Child Welfare Information System (SACWIS) and the Illinois Sex Offender Registry.

"Intergenerational activities" means activities that involve children and adults in shared activities that occur at least monthly on a regular basis.

"Kindergarten child" means a child currently enrolled in kindergarten who is eligible to attend first grade during the next school year.

"LEADS" means the Law Enforcement Agency Data System.

"License" means a document issued by the Department of Children and Family Services that authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969.

"License study", as used in this Part, means the review of an application for license, on-site visits, interviews, and the collection and review of supporting documents to determine compliance with the Child Care Act of 1969 and the standards prescribed by this Part.

"Licensed capacity" means the maximum number of children permitted in the facility at any one time.

"Licensee" means an individual, agency, or organization who holds a license or permit issued by the Department of Children and Family Services.

"Licensing representative", for the purposes of this Part, means Department staff authorized under the Child Care Act of 1969 to examine facilities for licensure.

"Parental involvement" means parental assistance with a child care program such as participation in field trips, parties, attendance on special days for special events, or parental support and cooperation in the classroom.

"Parents" or "Parent", as used in this Part, means persons assuming legal responsibility for the care and protection of the child on a 24-hour basis; includes guardian or legal custodian.

"Partially exempt program" means a child care program for children who have attained the age of three years and is operated by a private entity on grounds of a public or private elementary or secondary school where children have been attending school during the day. In a partially exempt program, the physical facility is exempt from Department regulations; however, the Department regulates the personnel and operating programs.

"Permit", as used in this Part, means a one-time only document issued by the Department of Children and Family Services for a six-month period to allow the individuals, agency, or organization to operate a day care center and to become eligible for a full license.

"Physician" means a person licensed to practice medicine in the State of Illinois or a contiguous state.

"Preschooler" means a child from three through five years of age. Children enrolled in kindergarten may be considered either preschool or school-age. Children two years of age may be considered preschoolers or toddlers, depending on their level of development.

"Program" means all activities provided for the children during their hours of attendance in the facility.

"Related services" refers to, but is not limited to, supportive services (psychological, medical, social, or health) for children in a facility.

"Replace or supplement staff" means a paid or unpaid individual who performs essential staff duties as evidenced by being counted in the staff-child ratio or being allowed to be alone with children outside the visual or auditory supervision of child care staff. It also includes professional contractual staff, such as physicians, nurses, therapists, etc., if the professional provides services within the facility and is allowed access to children outside the visual or auditory supervision of staff.

"Resource personnel" means physicians, nurses, psychologists, social workers, speech therapists, physical and occupational therapists, educators and other technical and

professional persons whose expertise is utilized in providing specialized services to children.

"Resources" may include related services mentioned above and community agencies such as, but not limited to, libraries, university laboratories and their professional staffs, audiovisual materials, museums, and parks.

"Risk management plan" means a document that outlines the process for identifying and analyzing loss exposures, examining alternative risk control methods, and making and carrying out decisions that will minimize the adverse effects of accidental losses.

"School-age" means a child up to 18 years of age who is enrolled in first grade or higher. Children enrolled in kindergarten may be considered either preschool or school-age.

"School-age assistant" means a staff member who works under the direct supervision of a school-age worker.

"School-age director" means a person designated by the governing body to assume full administrative responsibility for the ongoing operation of one or more sites (not to exceed six) and who meets the qualifications for a child care director as outlined in Section 407.130.

"School-age site coordinator" means a person responsible for implementing curriculum and ensuring that licensing standards are met at the site of a school-age program serving a maximum of 50 children and that is overseen by a school-age director responsible for multiple sites.

"School-age worker" means a staff member who has lead responsibility for a group of school-age children.

"Site" means the physical location in which a day care center operates. A site may consist of more than one building if all of the buildings within the site are connected by property under the exclusive control of the day care center that is used as a playground, for parking, or for other day care related purposes.

"Support staff" means any staff member providing indirect care and services to children in a day care center, such as a driver, cook, janitor, or clerical staff.

"Swimming pool", for purposes of this Part, means any natural or artificial basin of water intended for public swimming or recreational bathing which exceeds 2'6" in depth as specified in the Illinois Swimming Pool and Bathing Beach Act and Code. The term includes bathing beaches and pools at private clubs, health clubs, or private residences when used for children enrolled in a child care facility.

"Toddler" means a child from 15 months to two years of age. The term may include a child up to 30 months of age depending upon physical or social development.

"Universal precautions" means an approach to infection control. According to the concept of Universal Precautions, all human blood and certain body fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

"Wading pool", for purposes of this Part, means any natural or artificial basin of water less than 2'6" in depth which is intended for recreational bathing, water play or similar activity as specified in the Illinois Swimming Pool and Bathing Beach Act and Code. The term includes recessed areas less than two feet six inches in depth in swimming pools and includes wading pools at private clubs, health clubs and private residences when used for children enrolled in a child care facility.

(Source: Amended at 28 Ill. Reg. 3011, effective February 15, 2004)

Section 407.50 Application for License

a) The application for license shall be completed by the officers of the governing body of the day care center, or its authorized representative, on forms prescribed and furnished by the Department.

b) Only complete applications shall be processed. Incomplete or unsigned applications shall be returned for completion and signature. For the application to be considered complete, the following shall be attached to the application form:

1) Articles of incorporation and by-laws, if incorporated, indicating that the center's corporate status is in good standing with the Illinois Secretary of State;

2) Statement of purpose(s) and policies as required by Section 407.250(c);

3) List of officers, board members and committees of the governing body;

4) Annual operating budget showing anticipated expenses and income (required in original application, only);

5) Staffing plan which includes job descriptions and the qualifications of the staff;

6) Written delegation of administrative authority as required by Section 407.70(b); and

7) A list of persons subject to the background check requirements of 89 Ill. Adm. Code 385, Background Checks, and each person's complete, signed authorization to conduct the background check.

c) Upon receipt of a complete, signed application for a license, the Department shall conduct a license study in order to determine that the day care center meets licensing standards. The licensing study shall be in writing and shall be reviewed and signed by the licensing supervisor and the licensing representative performing the study. The applicant shall receive a copy of the license study upon written request and payment of copying costs.

d) A new application shall be filed:

1) When an application for license has been withdrawn, and the center seeks to reapply;

2) When there is a change of address of the day care center; and

3) When there is a change of name, ownership or corporate status of the center.

e) If the Department has revoked or refused to renew the license of a day care center and the former licensee or one third or more of the members of its governing body seek to reapply for license, it may do so if at least 12 months have passed since the effective date of the revocation or refusal to renew. If a new license is granted, the Department shall impose provisions on the new license for a minimum of two years, notwithstanding any other provisions of this Part. The denial of a reapplication for a license pursuant to 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 pursuant to this Act, or maintaining a facility which adheres to such standards and rules. [225 ILCS 10/6(c)]

f) The Department must approve that the facility is in reasonable compliance with the licensing standards before the day care center changes its operations regarding the number or ages of children served.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.65 Provisions Pertaining to Permits

a) A permit shall not be issued prior to the following:

1) Completion of the application for license and submission to the Department;

2) Employment of a child care director who has passed the background check requirements of 89 Ill. Adm. Code 385, Background Checks, who meets the standards set forth in Section 407.130 and who has submitted three references and proof of education;

3) Employment of staff who meet the requirement for first-aid, Heimlich maneuver, and cardiopulmonary resuscitation (CPR) found in Section 407.100(h), with the food service sanitation requirements, and the development of a projected staffing plan indicating the timetable by which additional qualified staff shall be hired;

4) Receipt of fire and sanitation clearances required by Section 407.370(a) documented by a letter or certificate issued by the agency which conducted the inspection;

5) Proof of current public liability insurance as required by Section 407.70(l), e.g., a copy of an insurance policy, binder or certificate of insurance, or a letter from the insurance carrier;

6) The development of a plan for emergency medical care as required by Section 407.250(c)(9);

7) The development of a plan for meeting the nutrition and food service requirements of Section 407.330;

8) Acquisition of furnishings and equipment for the number and ages of children to be served during the six-month permit period in accordance with Appendices A, B, and C;

9) Records are on file at the day care center for each employed staff member during the permit period, including a current medical report (not more than six months old), three written character references, documentation of educational qualifications (if required for the position), and proof that the employee has cleared the initial background check;

10) Procedures and forms have been created as required in Section 407.70 for records and reports required;

11) A written plan which indicates how requirements for a license shall be met within the permit period has been submitted to the licensing authority;

12) Financial capability has been demonstrated through an annual projected budget showing anticipated operating expenses and income;

13) A written program description and daily program schedule have been developed;

14) A drawing has been completed of the center's floor plan, with measurements indicated for each area used for children and of all outdoor areas that are used for children;

15) A risk management plan has been developed as required by Section 407.70(k); and

16) A statement of the day care center's discipline policy.

b) A permit shall not be issued retroactively.

c) The permit shall not be renewable.

d) The permit shall not be transferred or transmitted to another person or other legal entity.

e) The permit shall not be valid for a name or address different from the name or address shown on the issued permit.

f) A current permit shall be on display at the center at all times.

g) The number of children specified on the permit shall be the maximum in attendance at the center at one time.

h) The day care center shall not begin operations until the day care center receives a permit.

i) A license shall be issued anytime within the six-month period covered by the permit provided the facility achieves compliance with the standards prescribed by this Part.

j) There shall be no fee or charge for the permit.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.70 Organization and Administration

a) The members of the governing body of the day care center shall be legally responsible to the Department for maintaining the standards set forth in this Part. The members of the governing body shall be of reputable and responsible character. The governing body may delegate responsibility for day-to-day compliance with the standards to the day care center director.

b) The governing body shall file with the Department written policies outlining any delegation of responsibility for compliance with this Part and lines of communication among the governing body, facility staff and parents. This statement shall be signed by the governing body and the day care center director with updates as changes occur.

c) The governing body, or others designated in writing to represent the center, shall notify the Department immediately of major changes affecting any area of operation regulated by 89 Ill. Adm. Code 407, such as governance, location, physical plant, finances, staff, equipment, or a fire or natural disaster that affects the ability of the day care center to continue to operate.

d) The Department shall be notified in writing within seven days after any notice of legal action against the center that may negatively affect its operation and/or ability to maintain the licensing standards.

e) As a part of new staff orientation, the child care director and all staff shall review the following documents and the date of their review shall be recorded in the personnel files:

1) the Child Care Act of 1969 [225 ILCS 10];

2) the Abused and Neglected Child Reporting Act, as amended [325 ILCS 5]; and

3) the portions of 89 Ill. Adm. Code 407, Licensing Standards for Day Care Centers, that affect their functions and responsibilities.

f) A complete and current set of licensing standards shall be available at all times in an area that is accessible to all employees.

g) The governing body shall insure that an adequate process is in place for recruiting, hiring, and maintaining staff as required by this Part.

h) A day care center shall have written personnel policies available to the staff at all times. These policies shall include, but are not limited to, job descriptions, compensation and benefits, pay dates, Social Security, worker's compensation, unemployment insurance, holidays, sick leave, vacations, probationary periods, grievance procedures, promotions, staff development, discipline, termination of employment and performance evaluation.

i) Each child's record shall contain a statement signed by the child's parent(s) or guardian indicating that he/she has received a summary of licensing standards and other materials designated by the Department for such distribution.

j) Suspected child abuse or neglect shall be reported immediately to the Child Abuse/Neglect Hotline as required by the Abused and Neglected Child Reporting Act, as amended. The telephone number for the reporting hotline is 1-800-252-2873.

k) The center shall develop a written risk management plan that identifies potential operational risks, specifies ways to reduce or eliminate the risks and establishes procedures to be followed in an emergency or crisis. This risk management plan shall specifically address at least the following:

1) training, including universal precautions, provided to staff to identify and minimize risks, particularly as it relates to the care and supervision of children;

2) the design and maintenance of the building and any vehicles used in day care;

3) maintenance and storage of food service and maintenance equipment, chemicals, and supplies;

4) selection, maintenance, and supervision of education materials, toys, pets, and playground equipment;

5) food service sanitation;

6) cleanliness of the building and grounds; and

7) emergency and disaster preparedness plans, including fire evacuation plans.

l) The day care center shall carry public liability insurance in the single limit minimum amount of $300,000 per occurrence.

m)Any accident or injury requiring professional medical care, death or other emergency involving a child shall be entered into the child's record and orally reported immediately to the child's parent or guardian and to the appropriate local licensing office of the Department. If the center is unable to contact the parent or guardian and the Department immediately, it shall document this fact in the child's record. Oral reports to the Department shall be confirmed in writing within two business days after the occurrence.

n) The day care center shall maintain records essential for the operation of the facility. Records pertaining to children in care and to staff shall be maintained at the day care center.

1) Financial records shall be maintained in Illinois and produced immediately upon request for licensing review.

A) The day care center shall maintain financial records including projected and current operating budget.

B) The day care center shall maintain financial solvency to assure adequate care of children and compliance with the standards prescribed in this Part. A center is considered insolvent if the sum of its debts is greater than all of its property, at a fair valuation, exclusive of property transferred, concealed or removed with intent to hinder, delay or defraud its creditors and property that may be exempted from property of the estate. (This definition is adapted from the U.S. Bankruptcy Code of 1978, 11 U.S.C. 101.)

2) Required general and financial records shall be maintained for five years. Required personnel records shall be maintained for five years after the date of the employee's termination of employment. Children's records shall be maintained for five years after the child has been discharged from care or services.

3) Accurate daily attendance records, by group, shall be maintained for one year. If a child attends on a part-time or irregular basis, this shall be recorded in the attendance records.

4) The provisions of this Section notwithstanding, records required by this Part shall be maintained until all audits have been completed and no litigation is pending or reasonably anticipated.

o) Authorized representatives of the Department shall be admitted to the center during the hours of operation for the purpose of determining compliance with the Child Care Act of 1969 and standards set forth in this Part.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.90 Staffing Structure

a) The day care center shall provide staff to ensure the care and safety of the children at all times.

1) A written staffing plan shall organize the staff and enable them to give the children continuity of care and supervision.

2) Each staff person shall be qualified for his or her position, as required by this Part, at the time he or she is hired or promoted.

3) Sufficient child care staff shall be provided to assure that staff/child ratios are maintained as required by Section 407.190.

4) Staff changes shall be minimized so that each child can experience consistent relationships with as few adults as possible.

5) Changes in the position of director or school-age director shall be reported to the Department no later than the next business day after the change. All other staff employment changes shall be reported to the Department each month on forms prescribed by the Department.

b) The day care center shall employ a qualified child care director to oversee the program and administer day-to-day operations. The child care director shall be responsible for the planning and supervision of the program and activities of the children; orientation to newly employed staff; on-site supervision of all staff; and in-service training totaling a minimum of 15 clock hours per year for each member of the child care staff.

c) Multi-site school-age programs, with a maximum daily enrollment of 50 children per site, may use a two-tier administrative structure consisting of a school-age director responsible for multiple school-age sites and school-age site coordinators responsible for each school-age site. The school-age director may be responsible for up to six different school-age sites, each of which is under the direct supervision of a school-age site coordinator. When the school-age director is responsible for four to six sites, he or she shall not have any additional programmatic or administrative responsibilities for other sites or programs. The division of responsibilities between the school-age director and the on-site coordinator shall be documented.

d) Each group of children shall be under the direct supervision of an early childhood teacher or a school-age worker.

1) Infant, toddler and preschool groups, as well as multi-age groups, shall be supervised by an early childhood teacher at all times, except as allowed by Section 407.190(e)(2).

2) School-age groups shall be supervised by a school-age worker at all times, except as allowed by Section 407.90(e)(2) below.

3) Early childhood teachers and school-age workers shall be responsible for planning and supervising the group, as well as supervising assistants.

e) Assistants shall be assigned to each group as needed to meet the staff/child ratios required by Section 407.190.

1) Early childhood assistants shall be assigned to infant, toddler and preschool groups and work under the direct supervision of an early childhood teacher. They shall not assume full responsibility for the group, except as allowed by Section 407.190(e).

2) School-age assistants shall be assigned to school-age groups and work under the direct supervision of a school-age worker. At the discretion of the school-age worker, school-age assistants may be responsible for small groups of ten or fewer children during special planned on-site activities for a limited period of time, not to exceed one hour per five-hour period. Activities may include activities on the center's on-site outdoor play area.

f) Support staff shall be provided as needed.

1) There shall be sufficient support staff so that assignment of service duties does not interfere with the child care staff's responsibilities for the direct care of the children.

2) Support staff shall have the same personnel qualifications required of other staff by Section 407.100.

g) Resource personnel shall be available as appropriate. Persons providing professional services to children shall comply with current State registration and/or certification laws, if applicable.

h) Day care centers licensed for ten or fewer three- to five-year-old children and operating with only one regular staff person shall provide:

1) A daily assistant to help when attention must be given to activities other than the direct care of children; and

2) At least two persons who can respond to a call and be on the premises within five minutes, so that the adult in charge will not have to leave the children unattended in the event of an emergency; and

3) A substitute who is familiar with the children and program.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.100 General Requirements for Personnel

a) Staff shall be able to demonstrate the skill and competence necessary to contribute to each child's physical, intellectual, personal, emotional, and social development. Factors contributing to the attainment of this standard include:

1) Emotional maturity when working with children;

2) Cooperation with the purposes and services of the program;

3) Respect for children and adults;

4) Flexibility, understanding and patience;

5) Physical and mental health that do not interfere with child care responsibilities;

6) Good personal hygiene;

7) Frequent interaction with children;

8) Listening skills, availability and responsiveness to children;

9) Sensitivity to children's socioeconomic, cultural, ethnic and religious backgrounds, and individual needs and capabilities:

10) Use of positive discipline and guidance techniques; and

11) Ability to provide an environment in which children can feel comfortable, relaxed, happy and involved in play, recreation and other activities.

b) Child care staff, in addition to meeting the requirements of subsection (a) of this Section, shall generally demonstrate skill and competence necessary to assume direct responsibility for child care including:

1) Skills to help children meet their developmental and emotional needs; and

2) Skills in planning, directing, and conducting programs that meet the children's basic needs.

c) Child care staff shall be willing to participate in activities leading to professional growth in child development and education, and in training related to the specific needs of the children served.

1) The director and each child care staff member shall participate in 15 clock hours of in-service training per year. For the first year of employment, topics which must be included in the training are staff requirements to recognize and report suspected child/abuse or neglect, how to make a child abuse or neglect report, rules governing the operation of the facility, and the legal protection afforded to persons who report violations of licensing standards. Subsequent in-service training may include, but not be limited to, child development, symptoms of common childhood illnesses, hygiene, guidance and discipline, and communication with parents.

2) A record of in-service training shall be maintained at the site.

3) The required in-service training hours may consist of on-site training; documented attendance at seminars, workshops, conferences and early childhood classes; and documented self-study programs that have been approved by the day care center director. Staff meetings may be counted only if a planned in-service program is presented.

4) Staff serving children who require special program services shall receive in-service training and/or consultation on issues related to those specific needs.

d) Newly employed staff shall submit a report of a physical examination completed no more than six months prior to employment which provides evidence that they are free of communicable disease, including active tuberculosis, and physical or mental conditions that could affect their ability to perform assigned duties. This examination shall include a test for tuberculosis by the Mantoux method.

e) Cooks, kitchen helpers and others assisting in the preparation, serving and handling of food and cooking/serving utensils shall make their positions known to the examining physician, and shall comply with the current rules and regulations of the Illinois Department of Public Health pertaining to Food Service Sanitation (77 Ill. Adm. Code 750).

f) Staff shall have physical re-examinations every two years and whenever communicable disease or illness is suspected.

g) A staff member experiencing fever, sore throat, vomiting or diarrhea shall not be responsible for food handling or the care of children.

h) The center shall have on duty at all times at least one staff member who has successfully completed training and is currently certified in first aid, cardiopulmonary resuscitation (CPR) and the Heimlich maneuver, and for centers serving infants, first aid for choking infants in accordance with the approved method specified in the Department of Public Health's rules 77 Ill. Adm. Code 520, The Treatment of Choking Victims. CPR certification must be specific for all age groups served, i.e., infant (birth to 12 months), child (one to eight years) and adult (eight years and older).

i) Any center that serves food shall have posted in a conspicuous location visible to employees the Choke Saving Methods Poster available from the Illinois Department of Public Health.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.120 Personnel Records

a) A confidential file shall be maintained on each staff person and contain at least the following information:

1) A copy of a form prescribed by the Department which contains information on persons employed in the day care center;

2) A record of current medical examination on a form prescribed by the Department;

3) Three written character references, verified by the day care center;

4) Proof of educational achievement as required for the individual's position. Foreign credentials require additional documentation providing a statement of the equivalency in the U.S. educational system;

5) Verification of previous experience, when such experience is considered as part of the individual's qualifications for his or her position; and

6) A signed statement that acknowledges the employee's status as a mandated reporter of suspected child abuse and neglect.

b) Authorizations for and results of the background check required by 89 Ill. Adm. Code 385, Background Checks, shall be maintained in a separate and confidential file.

c) The Department shall be notified immediately when there is a change of director or school-age director. Other staff changes, including a change in an employee's position status within the center, shall be reported to the Department monthly in a form prescribed by the Department. Name changes shall be documented in the personnel files.

d) For any individual who serves as a child care facility driver, a driver application shall be submitted to the Department with a copy of the current medical report that was completed not more than 60 days prior to assuming duties as a child care driver. If an individual holds a valid school bus driver permit and is currently employed by a school district or parochial school, a copy of the school bus driver permit may be substituted for the required medical examination.

e) The day care center shall maintain written documentation of the following:

1) That a person certified in food service sanitation is on site to manage the preparation and/or service of food, including the service of catered food. This requirement does not apply if the center serves no food, or serves only prepackaged prepared snacks. Refer to the Illinois Department of Public Health, Food Service Sanitation Code (77 Ill. Adm. Code 750);

2) That in-service training is being provided as required for the child care director and each member of the child care staff; and

3) That an employee who has successfully completed training and is currently certified in first-aid, cardiopulmonary resuscitation (CPR) and the Heimlich maneuver is on site at all times. CPR certification shall be specific for all age groups served (infant, child and adult).

f) The day care center shall submit copies of the following to the Department for the child care director and any person designated to serve as alternate director:

1)Proof of educational achievement, including course descriptions if necessary; and

2) Three written references.

g) The records required by this Section shall be maintained in a locked file at the day care center.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.130 Qualifications for Child Care Director

a) Day care centers licensed for more than 50 children shall employ a full-time child care director to be on site in a non-teaching capacity. The director may be on site in a teaching capacity at the following times:

1) During the first hour and last hour of a program that operates ten or more hours per day; or

2) When attendance falls below 50 children.

b) Day care centers licensed for 50 or fewer children, or half-day programs with children attending no more than three consecutive hours per day regardless of capacity, may employ a child care director who also serves as a member of the child care staff.

1) When the director serves in both capacities, he or she must meet the qualifications of both the director position and the teaching position.

2) When the director attends to non-teaching responsibilities, his or her group must be supervised by a person qualified to be in charge of the group.

c) The child care director shall be at least 21 years of age.

d) The child care director shall have a high school diploma or equivalency certificate (GED).

e) In addition to meeting the requirements of Section 407.100, the child care director of a facility serving the same number of groups of pre-school and school-age children or more groups of pre-school children than groups of school-age children shall have achieved:

1) Sixty semester hours (or 90 quarter hours) of credit from an accredited college or university with 18 semester or 27 quarter hours in courses related directly to child care and/or child development from birth to age six; or

2) Two years (3120 clock hours) of child development experience in a nursery school, kindergarten, or licensed day care center, 30 semester hours (or 45 quarter hours) of college credits with ten semester or 15 quarter hours in courses related directly to child care and/or child development, and proof of enrollment in an accredited college or university until two years of college credit have been achieved. A total of 18 semester hours (or 27 quarter hours) in courses related directly to child care and/or child development is required to be obtained within the total two years of college credits; or

3) Completion of a credentialing program approved in accordance with Appendix G of this Part, completion of 12 semester (or 18 quarter hours) in courses related to child care and/or child development from birth to age six at an accredited college or university, and two years (3120 clock hours) child development experience in a nursery school, kindergarten or licensed day care center.

f) In addition to meeting the requirements of Section 407.100, the child care director of a facility serving more groups of school-age children than groups of pre-school children shall have achieved:

1) Sixty semester hours (or 90 quarter hours) of credit from an accredited college or university with 18 semester or 27 quarter hours in courses related to child care and/or child development, elementary education, physical education, recreation, camping or other related fields, including courses related to school-age children; or

2) Two years (3120 clock hours) of child development experience in a recreational program, kindergarten, or licensed day care center serving school-age children, or license exempt school-age child care program operated by a public or private school, 30 semester hours (or 45 quarter hours) of college credits with 10 semester hours (or 15 quarter hours) in courses related directly to child care and/or child development, elementary education, physical education, recreation, camping or other related fields, and proof of enrollment in an accredited college or university until two years of college credit have been achieved. A total of 18 semester hours (or 27 quarter hours) in courses related directly to child care and/or child development, elementary education, physical education, recreation, camping or other related fields, including courses related to school-age children, is required to be obtained within the total two years of college credits.

g) Completion of a training program accredited by the American Montessori Society or Association Montessori International may be substituted for the courses directly related to child care and/or child development required by this Section. Persons holding a Montessori pre-primary credential may serve as director to children through age six. Persons holding a Montessori primary or elementary credential may serve as director to children six years of age or older.

h) Persons who were deemed qualified to serve as a child care director prior to January 1, 1985, continue to be deemed qualified for their position.

i) When a program serves only school-age children and meets the criteria of Section 407.90(c), qualifications for the school-age director responsible for multiple sites and the site coordinators shall be as follows:

1) The school-age director and each site coordinator shall be at least 21 years of age.

2) The school-age director shall meet both of the following requirements for education and experience:

A) Sixty semester hours (or 90 quarter hours) of credit from an accredited college or university, with 18 semester hours (or 27 quarter hours) in courses related to school-age child care, child development, elementary education, physical education, recreation, camping or other related fields; and

B) At least 1560 clock hours of child development experience in a recreational program or a licensed day care center serving school-age children.

3) The school-age site coordinators must meet one of the following qualifications:

A) Thirty semester hours (or 45 quarter hours) of credit from an accredited college or university with 12 semester hours (or 18 quarter hours) related to school-age child care, child development, elementary education, physical education, recreation, camping or other related fields and 750 clock hours of experience in a recreational program or a licensed day care center serving school-age children or in a license exempt school-age child care program operated by a public or private school; or

B) 1560 clock hours of experience in a recreational program or licensed day care center serving school-age children or license exempt school-age child care program operated by a public or private school and either six semester hours (or nine quarter) hours of credit from an accredited college or university related to school-age child care, child development, elementary education, physical education, recreation, camping or other related fields.

j) A staff member who meets the qualifications for a day care center director shall be designated to assume decision-making responsibility whenever the child care director is off site. A record of employees who meet the qualifications for director and who have been designated to assume decision-making responsibility in the director's absence shall be kept at the site. The person designated as alternate director may be in the classroom and counted in the staff/child ratio under the following circumstances:

1) When the center meets the criteria of Section 407.130(b) above; or

2) During the first hour and last hour of a program that operates ten or more hours per day; or

3) When attendance falls below 50 children.

k) The child care director must successfully complete a basic training course of six or more clock hours on providing care to children with disabilities that has been approved by the Department. The day care center shall have on file a certificate attesting to the training of the child care director.

1) Persons employed as a child care director on February 15, 2004 shall complete this training within 36 months from February 15, 2004. Child care directors employed on or after February 15, 2004 shall complete this training within 36 months from date appointed as child care director.

2) A child care director who has completed training prior to February 15, 2004 may have that training approved as meeting the provisions of this subsection (k). A certificate of training completion and a description of the course content must be submitted to the Department for approval.

3) A child care director that obtains approved training and moves from one day care facility to another shall not be required to take another training course as long as the child care director can provide documentation in the form of a certificate that the training was completed.

4) A training program approved by the Department in providing care for children with disabilities must include the following components:

A) Introduction to Inclusive Child Care;

B) Understanding Child Development in Relation to Disabilities;

C) Building Relationships With Families;

D) Preparing for and Including Young Children in the Child Care Setting;

E) Community Services for Young Children With Disabilities (including Early Intervention Services).

(Source: Amended at 28 Ill. Reg. 3011, effective February 15, 2004)

Section 407.140 Qualifications for Early Childhood Teachers and School-age Workers

a) Early childhood teachers and school-age workers shall be at least 19 years of age.

b) Early childhood teachers and school-age workers shall have a high school diploma or equivalency certificate (GED).

c) In addition to meeting the requirements of Section 407.100, the early childhood teacher responsible for a group of children that includes infants, toddler or preschool-age children shall have achieved:

1) Sixty semester hours (or 90 quarter hours) of credits from an accredited college or university with six semester or nine quarter hours in courses related directly to child care and/or child development, from birth to age six; or

2) One year (1560 clock hours) of child development experience in a nursery school, kindergarten, or licensed day care center and 30 semester hours (or 45 quarter hours) of credits from an accredited college or university with six semester or nine quarter hours in courses related directly to child care and/or child development, from birth to age six; or

3) Completion of credentialing programs approved by the Department in accordance with Appendix G of this Part.

d) School-age workers shall be at least 19 years of age and at least five years older than the oldest child with whom they work.

e) In addition to meeting the requirements of Section 407.100, the newly employed school-age worker responsible for a group of school-age children shall have achieved:

1) Thirty semester hours (or 45 quarter hours) of credit from an accredited college or university with six semester hours (or nine quarter hours) related to school-age child care, child development, elementary education, physical education, recreation, camping or other related fields; or

2) 1560 clock hours of experience in a recreational program or licensed day care center serving school-age children or a license exempt school-age child care program operated by a public or private school, and six semester hours (or nine quarter hours) of credit from an accredited college or university related to school-age child care, child development, elementary education, physical education, recreation, camping or other related fields; or

3) A high school diploma or equivalency certificate plus 3120 clock hours of experience in a recreational program, kindergarten, or licensed day care center serving school-age children or a license exempt school-age child care program operated by a public or private school.

f) Completion of a training program accredited by the American Montessori Society or Association Montessori International may be substituted for the courses directly related to child care and/or child development required by this Section. Persons holding a Montessori pre-primary credential may supervise children through age six.

Persons holding a Montessori primary or elementary credential may supervise children six years of age or older.

g) Persons who were deemed qualified as a child care worker or school-age worker prior to January 1, 1985, continue to be deemed qualified as an early childhood teacher or school-age worker.

h) Early childhood teachers and school-age workers shall be responsible for the planning and supervision of a group of children. Early childhood workers and school-age workers shall also be responsible for supervising persons assigned to assist their group who are not similarly qualified.

(Source: Amended at 28 Ill. Reg. 3011, effective February 15, 2004)

Section 407.160 Students and Youth Aides

a) Students and youth aides may assist in the care of children provided that the student and youth aides:

1) Are 14 years of age or older and at least five years older than the oldest child in the group;

2) Assist only under the direct supervision of an early childhood teacher or a school-age worker; and

3) Are not counted for purposes of maintaining staff/child ratios, except as provided in Section 407.160(d) below.

b) The day care center shall maintain records on each student or youth aide that include:

1) The full name, home address and home telephone number of the student or youth aide.

2) A copy of the current school medical examination form for the student or youth aide.

3) The name of the person at the day care center who is responsible for supervising the student or youth aide.

4) When a student is placed as part of a practicum or vocational training program, or when a youth aide is placed as part of an agency leadership training program, the record shall also include:

A) The name of the school or agency arranging the placement.

B) The name, title and telephone number of the school or agency staff member responsible for the participation of the student or youth aide.

5) A plan for the participation of the student or youth aide shall be agreed upon in writing.

A) The plan shall be signed by the participant, the supervising child care staff member and the school or agency staff member.

B) The plan shall specify duties and hours and indicate the person and group to which the student or youth aide is assigned while in the center.

6) There shall be a written agreement regarding procedures for terminating an unsatisfactory student or youth aide.

c) Employment or use of student or youth aides shall be in compliance with the Illinois Child Labor Law [820 ILCS 205] and the child labor provisions of the federal Fair Labor Standards Act (29 U.S.C. 214).

d) Students or youth aides may be counted as assistants for purposes of maintaining staff/child ratios when all of the following conditions are met:

1) They have completed one year of a vocational child care training program; and

2) They are 16 years of age or older and at least five years older than the oldest child in the group; and

3) They regularly work fewer than four hours per day, except during vacation periods when they may work up to six hours per day; and

4) The number of students or youth aides does not exceed one-third of the total staff required to meet the staff-child ratio requirements at any one time.

e) Students or youth aides shall not be considered as part of the attendance count when determining compliance with the capacity requirements.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.190 Grouping and Staffing

a) The group sizes and ratio of child care staff to children present at any one time shall be as follows:

MAXIMUM
AGE OF CHILDREN	STAFF/CHILD RATIO	GROUP SIZE
Infants (6 weeks through 14 months)	1 to 4	12
Toddlers (15 through 23 months)	1 to 5	15
Two years	1 to 8	16
Three years	1 to 10	20
Four years	1 to 10	20
Five years (preschool)	1 to 20	20
School-age:
Kindergartners
present	1 to 20	30

b) The following exception to this Section is permitted: An early childhood teacher aided by an early childhood assistant may supervise a group of up to 30 children if all of the children are at least five years of age.

c) Whenever children of different ages are combined, as allowed by Section 407.190(d) below, the staff/child ratio and maximum group size shall be based on the age of the youngest child in the group.

d) Children may be combined in any of the following ways:

1) Infants, toddlers and two-year-olds may be combined; and/or

2) Two-year-old through five-year-old children may be mixed in any combination; and/or

3) Four-year-old through six-year-old children may be mixed; and/or

4) Children of all ages may be mixed during the first hour and last hour of programs that operate 10 or more hours per day.

Programs that combine children in any of the above ways shall have staff training activities and daily schedules to meet the needs of all children in the group.

e) With the exception of infants and toddlers, children may be under the direct supervision (staff in the same room) of 50% of the qualified staff required by this Section during nap times, provided the required staff-to-child ratio is maintained on the premises.

1) Infants and toddlers shall be under the direct supervision of staff required by this Section at all times.

2) When all of the children are two years of age or older, an early childhood assistant 18 years of age or older may provide direct supervision without the presence of an early childhood teacher for a maximum of one hour per day while the children are all on cots.

f) Children shall not be left unattended at any time.

g) When the needs of individual children dictate, additional staff may be required to meet the needs of all children. The appropriate ratio shall be determined through consultation among the parent, staff, resource personnel and the Department.

(Source: Amended at 28 Ill. Reg. 3011, effective February 15, 2004)

Subpart E PROGRAM REQUIREMENTS

The requirements of these sections are designed to insure that every program is safe, healthy and appropriate to meet children's needs.

These requirements do not specify a program design, philosophy, or curriculum.

Section 407.200 Program Requirements for All Ages

a) Each child shall be recognized as an individual whose gender, ability differences, personal privacy, choice of activities, cultural, ethnic, and religious background shall be respected.

b) The staff of the day care center shall have a written plan for encouraging parents to visit the center to observe and participate in their children's experience. Parents shall be allowed to visit the center without an appointment any time during normal hours of operation.

c) The program shall include opportunities for a child to have free choice of activities to play alone, if desired, or with one or several peers chosen by the child.

d) The facility shall provide a basic program of activities geared to the age levels and developmental needs of the children served. The daily program shall be posted in the facility, and shall provide:

1) Regularity of such routines as eating, napping, and toileting with sufficient flexibility to respond to the needs of individual children;

2) A balance of active and quiet activity;

3) Daily indoor and outdoor activities in which children make use of both large and small muscles. For pre-school programs in which individual children receive care for less than three hours per day, outdoor activities are recommended, but not required;

4) Occasional trips and activities away from the facility (frequency to be determined by the day care center);

5) A supervised nap or rest period for children under six years of age who remain for five or more hours as required by Section 407.350.

e) The daily program of the facility shall provide experiences which promote the individual child's growth and well-being and the development of self-help and communication skills, social competence, and positive self-identity.

f) Program planning shall provide the following:

1) A variety of activities which takes into consideration individual differences in interest, attention span, and physical and intellectual maturity;

2) Sufficient time for activities and routines, so that the children can manage them and progress at their own developmental rate;

3) Sufficient materials and equipment to avoid excessive competition and long waits;

4) Program planning so that the children are not always required to move from one activity to another as a total group. Staff-initiated large group activities shall not be the predominant program option;

5) Smooth transition from one activity to another to avoid long waiting periods between activities and prolonged periods during which the children must stand or sit; and

6) Provision for privacy through arranging a small, quiet area that is easily accessible to the child who seeks or needs time to be alone.

g) The use of visual media, such as television, films and videotapes, shall be limited to developmentally appropriate programming, and an alternative activity shall be made available. Media may be used as a special event or to achieve a specific goal, but shall not be used as a regular daily routine.

h) The program shall take into account the stress and fatigue that result from constant pressures and stimulation of long hours in a group living situation.

i) Activity areas, equipment, and materials shall be arranged so that staff can be easily aware of the child's presence and activity at all times.

j) Equipment shall be arranged in orderly, clearly defined areas of interest, with sufficient space in each area for the children to see various activities available to them.

k) Programs involving intergenerational activities shall conduct those activities according to Section 407.230.

l) Materials and equipment shall respect children's racial, cultural, ethnic, religious and gender identities, as well as age and ability.

m) Each child shall have access to the full variety of age-appropriate equipment on a daily basis.

n) When a specific plan is developed to meet a child's individual needs, the record shall include:

1) Any assessments by center staff or resource personnel;

2) Written program recommendations and goals for the child;

3) A written plan for implementing those recommendations within the program;

4) Periodic written evaluations of whether goals are being met;

5) Adjustments to the program plan as indicated by the evaluations.

o) Staff shall consult with parents before implementing any special procedures required to meet a child's individual needs.

p) Children shall not be left unattended at any time.

q) Staff assignments shall be such that children experience comfortable, ongoing relationships with adults. Every attempt shall be made to establish a primary relationship between each child and one adult.

r) Children shall receive supervision appropriate to their developmental age at all times. All children in the facility shall be protected from exploitation, neglect, and abuse.

s) There shall be a minimum of 35 square feet of activity area per child in facilities caring for children two years of age and older.

(Source: Amended at 28 Ill. Reg. 3011, effective February 15, 2004)

Section 407.210 Special Requirements for Infants and Toddlers

a) A center receiving children within the infant and toddler age range shall comply with standards for all day care centers, except when inconsistent with the special requirements prescribed by this Section.

b) A center serving infants and toddlers shall have a licensed physician, registered nurse, licensed practical nurse or licensed physician's assistant with training in infant care to instruct child care staff in the proper health care of infants and toddlers. The person shall visit the facility to observe the child care techniques of the staff and provide in-service training. Visits shall be at least weekly during the permit period and monthly thereafter.

c) A center for infants and toddlers shall have sufficient indoor and outdoor space and appropriate furniture and equipment to provide for support functions necessary to the program.

1) Separate space for infants and toddlers shall be available away from older children except in facilities enrolling ten or fewer children or in programs combining infants, toddlers, and two-year-olds.

2) The amount of space required for infants and toddlers shall be based on the sleeping and play area arrangements, as required by Section 407.370(d).

3) A sink or lavatory for the infant/toddler program shall be in the same room for the use of staff for hand washing and for use by the children. Programs that are licensed for infants and toddlers on January 1, 1998 shall come into compliance with this requirement by January 1, 2000.

4) A toilet for the infant/toddler program shall be easily accessible.

5) No extension cords shall be used in areas where children are permitted. All electrical cords not in use with supervision of an adult shall be unplugged and the outlets covered.

6) The means for warming bottles and food shall be accessible only to adults. Microwave ovens shall not be used for the purpose of warming bottles.

7) A refrigerator shall be available and easily accessible to the children's room.

d) Indoor and outdoor play materials and equipment suitable for staff to use with infants and toddlers to stimulate learning, growth, health, and overall development shall be provided in accordance with the equipment requirements in Appendix A of this Part.

1) Equipment and play materials shall be durable and free from characteristics that may be hazardous or injurious to infants and toddlers. Hazardous or injurious characteristics include sharp, rough edges, toxic paint, and objects small enough to be swallowed.

2) Toys and indoor equipment shall be cleaned and disinfected daily.

e) Child care shall be given in a manner that meets the children's health and safety needs, as well as their nurturing requirements.

f) Food for infants shall be handled and served according to the provisions of Section 407.330 and this Section, as applicable.

1)Daily food requirements for children under one year of age shall be offered to the child as detailed in Appendix D, unless otherwise indicated in writing by a physician, in consultation with the parent(s).

2) Food for infants not consuming table food may be provided by either the day care center or the parent, according to the center's written policy.

3) Flexible feeding schedule of infants shall be established to coordinate with parents' schedules at home and to allow for nursing infants.

4) Infants not consuming table food shall be fed in consultation with the parents. Feeding times and amounts consumed shall be documented in writing and available for review by the parents.

5) If provided by the day care center, formula shall be diluted according to the manufacturer's instructions using water from a source approved by the local health department.

6) Formula shall be milk-based, unless otherwise indicated in writing by the child's physician.

7) If the child's formula is provided by the parent, it shall be labeled, dated and refrigerated upon arrival at the center.

8) Bottles of breast milk and opened containers of unmixed concentrate shall be dated. When there is more than one bottle-fed infant, all bottles shall be labeled with the child's name.

9) All filled bottles of milk or formula shall be refrigerated until immediately before feeding. Contents remaining in a bottle after a feeding shall be discarded after two hours.

10) Formula prepared from powder or concentrate or an open container of ready-to-feed formula shall be labeled and dated. Prepared formula not used within 24 hours shall be discarded.

11) Breast milk may be stored up to 48 hours in the refrigerator or up to two weeks in the freezer before discarding.

12) Breast milk shall be used only for the intended child.

13) Frozen breast milk shall be thawed under running water or in the refrigerator. Bottles of formula or breast milk shall be warmed by placing them in a pan of hot (not boiling) water for five minutes or in a bottle warmer according to the manufacturer's directions, followed by shaking the bottle well and testing the milk temperature before feeding.

14) Bottles shall never be warmed or defrosted in a microwave oven.

15) Only sanitized bottles and nipples shall be used. Bottles and nipples reused by the day care center shall be sanitized by washing in a dishwasher, by boiling for five minutes or more just prior to refilling or by other method if approved by the Illinois Department of Public Health or local health department. Nipples are to be rinsed prior to washing.

16) No food other than formula, milk, breast milk, or water shall be placed in a bottle for infant feeding unless otherwise indicated by the child's physician, in consultation with the parents.

17) When children are exclusively bottle-fed or breast-fed, supplemental water shall be offered.

18) Juice may be fed from a cup when the infant is old enough to drink from a cup (approximately six months). Juices shall be 100 percent fruit juice.

19)Children under two years of age shall not be fed berries, candies, raisins, corn kernels, raw carrots, whole grapes, hot dogs, nuts, seeds, popcorn, raw peas or peanut butter, as these foods may cause choking.

20) Cooked carrots, corn, peas and bananas may be served to infants only if mashed, grated or pureed.

21) Whole milk shall be served to children under two years of age unless low-fat milk is requested by the child's physician.

22) The use of honey for sweetening infant foods is not allowed.

23) Staff members shall wash their hands and the child's hands according to Section 407.320 before feeding each child.

24) Infants shall either be held or be fed sitting up for bottle feeding. Infants unable to sit shall always be held for bottle feeding. When infants are able to hold their own non-glass bottles, they may feed themselves. The bottle must be removed once the child has fallen asleep. Bottle propping and carrying of bottles by young children throughout the day/night shall not be permitted.

25) Foods stored or prepared in jars shall be served from a separate dish and spoon for each child. Any leftovers from the serving dish shall be discarded. Leftovers in the jar shall be labeled with the infant's name, dated, refrigerated and served within 24 hours or discarded.

26) In accordance with the American Academy of Pediatrics recommendations, solid foods shall be introduced generally between four and six months of age. The time of introduction shall be indicated by each child's nutritional and developmental needs after consultation with the parents.

27) Infants, according to their developmental ability, shall be allowed and encouraged to feed themselves. Staff shall provide supportive help for as long as each child needs such help.

g) Routines, such as naps and feeding, shall take into consideration parents' information and wishes about the routines followed in the home.

h) Infants and toddlers shall be provided a daily program designed to meet the developmental needs of children of this age.

1) The same staff member shall feed, diaper and play with the child every day to establish interaction and establish continuity in the child's relationship with as few adults as possible.

2) Children shall be free to creep, crawl, toddle and walk as they are physically able. Walkers are not permitted unless prescribed by a physician.

3) Toddlers shall be encouraged to explore and manipulate art materials and shall not be expected to produce a finished art product.

4) Except as allowed in Section 407.200(d)(3), children shall be taken outdoors for a portion of every day unless the weather conditions pose a danger such as lightening or extremely high or low temperatures.

5) A variety of toys shall be accessible on low open shelves for the children to use, and these shall be rotated with stored toys.

6) For awake infants who cannot move about the room, the staff shall hold, rock and/or carry the child at least every 30 minutes and change the place and position of the child and the selection of toys available.

7) To avoid sudden infant death syndrome, children who cannot turn over alone shall be placed on their sides or backs unless contraindicated by a physician.

8) Information about feeding and elimination and other important information shall be recorded in writing and made available to parents when the child is picked up at the end of the day.

i) A written plan shall be provided prior to reassignment for children who are moved to a new group. The development of this plan shall involve the child's parents and the child care staff in both the sending and receiving rooms.

j) The daily program for infants and toddlers shall provide experiences which promote the individual child's growth and well-being in the development of gross and fine motor skills, sensory learning, language, cognition, and positive self-concept.

k) Self-care such as washing, dressing, toileting, brushing, and combing shall be encouraged as each child shows evidence of ability to do so.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.220 Special Requirements for School-Age Children

a) A center receiving children within the school-age range shall comply with standards prescribed for all day care centers except when inconsistent with the special requirements prescribed by this Section.

b) The facility shall provide a designated area so that the older children's presence shall not interfere with the needs and care of younger children. School-age children may be combined in the same group as younger children only as allowed by Section

407.190.

c) Clear definitions of legal responsibility and procedures shall be established among parent, facility and school when children move to and from school.

1) A parent shall be legally responsible for the child en route to the center unless transportation or escort service is provided by the center or the school.

2) Plans for transportation shall be established and agreed upon in writing by the parents, the school and the facility. Parents must sign a written consent allowing school-age children to be transported to another location or to their home where they are placed on their own supervision. Transportation plans may include, but are not limited to:

A) Children leaving the center to go to school;

B) Children leaving school to go to the center; and

C) Children leaving the center.

d) The day care center shall provide a program and activities that recognize the developmental and educational needs of school-age children who need group care before and after school.

1) Quiet activities such as, but not limited to, puzzles, table games, reading books, simple art or special projects, and opportunities to do homework shall be accessible to children on a free choice basis.

2) Children who have been in school all day shall have time set aside for relaxation and recreation immediately upon arrival from school.

3) Opportunity shall be available for the development of skills in areas such as, but not limited to, sports, art, and music.

4) Multiple formats for activities (individual, small group or large group) shall be available to children.

5) Special activities outside the confines of the center shall be provided, such as trips to the library. The frequency is to be determined by the center.

6) The program shall be flexible to allow the children to participate in after-school activities sponsored by the school.

e) The daily and weekly schedule shall provide a balance of activities in consideration of each child's total daily and weekly experience.

f) A variety of developmentally appropriate activities and materials shall be provided to help children achieve the following goals:

1) Positive self-concept, sense of independence and wise use of leisure time;
2) Social skills, including an awareness of community;
3) Cognitive skills;
4) Physical development and skills;
5) Sound health, safety and nutritional practice;
6) Creative expression; and
7) Respect for diversity.

g) Opportunities for long-term projects for older children (eight years and up) or developmentally advanced children shall be provided at least quarterly.

h) Opportunities shall be provided for homework, if requested by the parents, that may include peer or adult assistance.

i) Developmentally appropriate materials and equipment shall be available and stored in an orderly, easily visible manner.

j) Equipment and materials shall offer a range of complexity to meet the specific needs and interests of school-age children. This shall be reflected both in the nature of the equipment and materials provided and in the length of time in which children are encouraged to complete projects.

k) Staff shall be aware of the whereabouts of each child at all times and shall regularly monitor all children.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)

Section 407.230 Intergenerational Programs

a) The requirements of this Section shall apply to programs in which children and adults who are enrolled in a structured care setting are co-participants in a program that occurs at least monthly on a regular basis.

b)When children and older adults are co-participants in an intergenerational program, a written statement shall be developed that includes:

1) The program's purpose and goals;

2) An outline of the activities or means of achieving program goals;

3) The expectations of the program.

c) There shall be a signed written agreement between the cooperating programs or facilities, defining the responsibilities of each.

d) Intergenerational activities shall be guided by written plans that address the following:

1) The goals and objectives of each activity;

2) Activity pre-planning, orientation of participant groups, implementation and follow-up;

3) Planning for group size, room arrangement and participant interaction;

4) The specific responsibilities of child care staff during each activity;

5) The supervision of adult participants during each activity;

6) Evaluation of each activity.

e) There shall be written policies addressing health and safety issues, including:

1) Health screening for adult participants;

2) Issues of infection control;

3) Selection and supervision of adult participants;

4) Screening out or termination of participants who display inappropriate or potentially harmful behavior.

f) During intergenerational activities the child care staff familiar to the child shall remain present. The ratio of child care staff to participating children shall remain in accordance with Section 407.190. Child care staff shall not be expected to supervise adult participants.

g) The day care center shall obtain and keep on file the following information from the adult program:

1) The names, titles and contact information for the adult program supervisors;

2) The plan for supervision of adult participants, including the names of staff and their direct responsibilities during program activities;

3) The full name, address, telephone number and responsible party, if applicable, for each adult participant.

h) Each time the intergenerational visit occurs, an attendance record shall be kept by the day care center which includes:

1) The full name of each child participating on that day;

2) The full name of each adult participant for that day;

3) The full name of every staff member present from both the child care and adult programs.

i) Prior to beginning an intergenerational program, the staff from the day care center shall receive orientation that includes:

1) Information about the purpose and goals of the program;

2) Specifics about how the program will operate;

3) Information about the role of the day care center staff during the program and the expected interactions between child care and adult program staff;

4) Information about the aging process, psycho/social needs of older adults and techniques for promoting the development of satisfying relationships between young children and older adults;

5) Specific guidance in preparing children for participation in the intergenerational program.

j) Signed permission shall be obtained from each child's parents, allowing participation in the intergenerational program. This permission shall be maintained in the child's record.

(Source: Added at 22 Ill. Reg. 1728, effective January 1, 1998)