HomeMy WebLinkAboutORDINANCES-1988-099-O-88•
99-0-88
AN ORDINANCE
Amending Sections 8-18--3, 8-18-4 and 8-18-9 of the
Child Day Care Home Ordinance, adding
New Sections 8_18-5, 8-18-6, 8-18-12,
and deleting Section 8-18-11
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 8-18-3 of the Evanston City
Code of 1979, as amended, (City Code)
the "Child Day Care Home" Ordinance, be and it hereby
is further amended to read as follows:
8-18-3: APPLICATION FOR PERMIT: Application for such
registration permit shall be made to the
Health and Human Services Department of the City in such
form and manner as may be prescribed by said Department.
The application shall be under oath and shall contain:
(A) The location of the day care home for which a permit
is sought;
(B) The number of children to be cared for;
(C) The name and address of the applicant if an
individual, and if a firm, partnership or
association, the principal address of the
• corporation and name and address of its officers;
(D) The name of the person(s) under whose management or
supervision the day care home will be conducted;
(E) A health certificate indicating that the applicant
is free of communicable diseases;
(F) (1) Written authorization from the applicant,
employee, care -giver, or anyone else over the
age of sixteen years residing in the home or
having direct contact with the children, for an
investigation to determine if such person has
ever been convicted or found guilty of a crime
listed in Section 8--18-5(B) of this Chapter.
This authorization shall indicate the scope of
the inquiry and the agencies which may be
contacted, and, in the case of persons other
than the applicant himself or herself, shall
include a written release authorizing release of
any information obtained on convictions and
findings of guilty to the applicant. The
Director shall request information and
assistance from any appropriate Federal, State,
or local governmental agency as part of the
authorized investigation.
• (2) Information concerning convictions or findings
of guilty of a permit applicant investigated
under this Section, including the source of the
information and any conclusions or
recommendations derived from the information,
shall be provided, upon request, to such
applicant prior to final action by the
Department on the application. Such information
on convictions or findings of guilty shall be
provided to the operator of such home, and, upon
request, to the person investigated. Any
information concerning criminal convictions or
findings of guilty obtained by the Department
shall be confidential and may not be transmitted
outside the Department, except as required
herein, and may not be transmitted to anyone
within the Department except as needed for the
purpose of evaluating an application or a child
• day care home employee, care -giver, or other
person investigated pursuant to this section.
Only information and standards which bear a
reasonable and rational relation to the
performance of a child day care home shall be
used by the Department or any permittee or
permit applicant. Any employee of the
Department or a child day care home receiving
confidential information under this Section who
gives or causes to be given any confidential
information concerning any criminal convictions
or findings of guilty of a child day care home
applicant, employee, care -giver, or other person
investigated shall be guilty of a violation of
the City Code of the City of Evanston unless a
release of such information is authorized by
this Section, or by a Court of competent
jurisdiction, or by the person investigated.
(3) A statement that the applicant will not
knowingly employ or permit to reside on the
premises for which a permit is sought or to give
direct care to the children served, anyone who
has been adjudicated as a delinquent minor who
has committed any offense(s) set forth in
Section 8-18-5 of this Chapter under the
Illinois Juvenile Court Actl , who has been
declared a sexually dangerous person, or who has
• been similarly adjudicated under the laws of any
other state.
(4) A written statement from the applicant and from
employees, prospective employees, care --givers,
and anyone else over the age of sixteen years
residing in the home or having direct contact
with the children, that such person has never
abused alcohol or drugs.
(5) A child day care home may hire, on a
probationary basis, any employee or care -giver
authorizing an investigation of criminal
convictions or findings of guilty under this
Section, pending the result of such
investigation. Employees and/or care -givers
shall be notified prior to hiring that such
employment may be terminated on the basis of
criminal history information received by the
home pursuant to this Section.
(G) (1) All child day care home permit applicants and
all current and prospective employees and
care -givers of a child day care home, as a
condition of 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,2 to ascertain if such
applicant, employee, or care -giver has been
determined to be a perpetrator in an indicated
report of child abuse or neglect.
(1) Ill. Rev. Stat, Ch. 37, sec. 701-1 et seq.
(2) I11. Rev. Stat, Ch. 23, para. 2051 et seq.
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(2) All child day care homes as a condition of
receiving a permit pursuant to this Ordinance
shall maintain such information which
demonstrates that all current employees,
care -givers, applicants for employment, and
persons over the age of sixteen years residing
in the home or having direct contact with the
children cared for, have authorized an
investigation of the Central Register as
hereinabove required.
•
(3) Such information concerning a permit applicant,
employee, care -giver, prospective employee, or
person over the age of sixteen years residing in
the home or having direct contact with the
children cared for, 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.3 and such
information shall not be transmitted to anyone
within the Department except as needed for the
purposes of evaluation of an applicant for a
permit or for consideration by a child day care
home of an employee or care -giver. Any employee
of the Department who gives or causes to be
given any confidential information concerning
any child abuse or neglect reports about a child
day care home applicant, or child day care home
employee, or care -giver, or person over sixteen
years residing in the home or having direct
contact with the children cared for, shall be
guilty of a violation of this Section unless
release of such information is authorized by
Section 11.1 of the Abused and Neglected Child
Reporting Act4, by a court of competent
jurisdiction, or as otherwise authorized by law.
(H) Such other information as the Director may
•
request.
SECTION 2: That Section 8-18-4 of the City Code of
the City of Evanston be and is
hereby further amended to read as follows:
8-18-4: INSPECTION: Upon receipt of an application
for a permit hereunder, the Department shall
cause an inspection to be made of the child day care home
by the City's Fire and Housing Departments and by such
other Department(s) as the Director may require. The
Director also may cause an inspection to be made based on
a complaint or upon reasonable cause to believe that a
violation of this Chapter may exist. The applicant shall
afford representatives of the City's Departments
reasonable opportunity to inspect the premises for which
the permit is requested and to interview the applicant's
agents and employees or care -givers and any child or other
person who maintains his/her residence in the particular
home for which a permit is being requested.
SECTION 3: That a new section 8-18-5 be added to
the "Child Day Care Homes" Ordinance
of the City Code of the City of Evanston, reading
as follows:
(3) 111. Rev. Stat, Ch. 116, para. 207
(4) 111. Rev. Stat, Ch. 23, para. 2061.1
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8-18-5: GROUNDS FOR DENIAL OF PERMIT:
(A) No applicant may receive a permit from the
Department and no person may give direct child care
in a child day care home who refuses to authorize an
investigation as required by Section 8-18-3.
(B) No applicant may receive a permit from the
Department and no person may be employed by, or may
dowork in or reside on the premises of a child day
care home holding a permit from the Department who
has been declared a sexually dangerous person under
"An Act in relation to sexually dangerous persons,
and providing for their commitment, detention and
supervision," approved July 6, 1938, as amended,5
or convicted of committing or attempting to commit
any of the following offenses or who has been
adjudicated as a delinquent minor who has committed
or attempted to commit any of these offenses:
(1) Set forth in the Criminal Code of 19616
(a) murder;
(b) a sex offense under Article 11.7 except
offenses described in Sections 11-7. 11-8,
11-12. 11-13 and 11-18;8
(c) kidnapping:
(d) aggravated kidnapping;
(e) child abduction;
(f) aggravated battery of a child;
(g) criminal sexual assault:
(h) aggravated criminal sexual assault;
(i) criminal sexual abuse;
(j) aggravated sexual abuse;
(k) public indecency;
(1) child pornography;
(m) aggravated incest;
• (n) exploitation of children;
(o) tattooing the body of a minor;
(2) violation of the Controlled Substances Act;9
(3) violation of the Cannabis Control Act;10
(4) an offense in any other state, or a federal
offense, the elements of which are similar and
bear a substantial relationship to any offenses
enumerated in 8-18-5(B)(1), (2). (3) or (4).
(C) The physical health of the applicant or other
persons directly responsible for the care and
welfare of the children is not in the best interest
of the children.
(D) The Fire Chief, the -Director of Housing
Rehabilitation and Property Maintenance, or other
Department Head involved at the request of the
Director, has determined that the premises are
inadequate to assure the safety and well-being of
the children supervised.
(E) The day care home applicant does not have a current
license under the Child Care Act of 1969.11 if one
is required for the home.
• (5) 111. Rev. Stat, Ch. 38 para. 105-1 et seq.
(6) Ill. Rev. Stat, Ch. 38 para. 11-1 et seq.
(7) I11. Rev. Stat, Ch. 38 para. 1-1 et seq.
(8) Ill. Rev. Stat, Ch. 38 para. 11-7. 11-8. 11-12, 11-13 and
11-18
(9) I11. Rev. Stat, Ch. 56 1/2, para. 1101 et seq.
(10) Ill. Rev. Stat, Ch. 56 1/2. para. 701 et seq.
(11) Ill. Rev. Stat, Ch. 23, para. 2209 et seq.
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(F) The Director has a reasonable belief that denial of
the permit is in the best interests of the children.
SECTION 4: That a new Section 8-18-6 be added to
the "Child Day Care Homes" Ordinance of
the City Code of the City of Evanston, reading as
follows:
• 8-18-6: REVOCATION OR REFUSAL TO RENEW PERMIT -
GROUNDS: The Department may revoke or refuse
to renew the permit of any child day care home should the
holder of a permit:
(1) fail to maintain standards prescribed
and published by the Department;
(2) violate any of the provisions of the
permit issued;
(3) furnish or make any materially
misleading or any materially false
statement or report to the Department;
(4) refuse to submit to the Department any
reports or refuse to make available to
the Department any records required by
the Department in making investigation
of the home for permit 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
reasonable time for the purpose of
investigation;
(7) fail to provide, maintain, equip, and
keep in safe and sanitary condition
premises established or used for child
care as otherwise required by any law,
regulation, or ordinance applicable to
• the location of such day care home;
(8) refuse to display permit;
(9) be the subject of an indicated report
under Section 3 of the "Abused and
Neglected Child Reporting Act"12 or
fail to discharge or sever affiliation
with the child day care home of an
employee or care -giver at the child day
care home with direct contact with
children who is the subject of an
indicated report under Section 3 of this
Act;
(10) fail to exercise reasonable care in the
hiring, training, or supervision of child day
care home personnel;
(11) fail to report suspected abuse or neglect of
children within the child day care home, as
required by the Abused and Neglected Child
Reporting Actl3;
(12) be a person whom the Department knows has
abused alcohol or drugs, and has not
successfully participated in treatment. -
self -help groups, or other suitable
activities, and the Department determines
that because of such abuse, it is not in the
best interest of the children served for the
holder of the permit or any other person
• directly responsible for the care and welfare
of the children to be operating or working in
a child day care home.
(12) I11. Rev. Stat, Ch. 23, para. 2053 et seq.
(13) I11. Rev. Stat, Ch. 23, para. 2053 et seq.
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(13) be covicted or found guilty of any offense(s)
enumerated in Section 8-18-5(B) or be
declared a sexually dangerous person.
SECTION 5: That existing Section 8-18-9 of the
"Child Day Care Homes" Ordinance of the
City Code be revised and renumbered as Section
8-18-11 and amended to read as follows:
• 8-18-11: APPEALS: Whenever the Department shall
refuse to issue a permit or to renew a
permit, shall revoke a permit or shall suspend a permit
for a child day care home, the person aggrieved shall have
the right to appeal the decision of the Department to the
City Manager. The City Manager, or his designee, shall
grant such person a reasonable opportunity to present in
writing, or at the City Manager's option, in open hearing,
his arguments against such decision of the Department.
The City Manager shall consider such arguments and the
pertinent facts and shall provide a brief response to the
appeal within forty-five (45) days. The decision of the
City Manager with respect to such appeal shall be final.
SECTION 6: That existing Section B-18-11 of the
"Child Day Care Homes" Ordinance of
the City Code be deleted:
SECTION 7: That there be added a new Section
8-18-13 to the "Child Day Care Homes"
Ordinance of the City Code of the City of Evanston,
• reading as follows:
8-18-13: SUSPENSION OF PERMIT:
(A) The Director may, upon written notice, without prior
warning, notice, or hearing, suspend any permit to
operate a Child Day Care Home upon a determination
that such suspension is in the best interests of the
children served.
(B) Whenever a permit to operate a Child Day Care Home is
suspended, the holder of the permit or the person in
charge shall be notified in writing that the permit
to operate the Child Day Care Home is, upon service
of the notice, immediately suspended and that an
opportunity for an appeal pursuant to Section 8-18-11
will be provided if a written request for such appeal
is filed with the Director by the holder of the
permit within 7 days. If no written request for an
appeal is filed within 7 days, the suspension is
sustained. The Director shall end the suspension if
reasons for it no longer exist.
SECTION 8: Existing Section 8-18-5, 8-18-6.
8-18-6.1, 8-18-6.2, 8-18-7. 8-18-8.
• 8-18-10 shall be renumbered as Sections 8-18-7,
8-18-8. 8-18-8.1, 8-18-8.2. 8-18-9. B-18-10, and
B-18-12, respectively, and shall be otherwise
unchanged.
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SECTION 9: All ordinances or parts of ordinances
in conflict herewith are hereby
repealed.
SECTION 10: This ordinance shall be in full force
• and effect from and after its passage,
approval, and publication in the manner provided by
law.
Introduced: 19�
V
Adopted: vA , 19,
Approved 196
9
Q Mayor
ATTEST:
�City Clerk
Appro �d as to fo,�(m: i
Cdrporation Counsel