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OCFP Office of Child and Family Policy |
Department of Children and Family Services |
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Index No: 2001.05 |
Issuance Date: May 30, 2001 |
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Origin of Request: Central Office of Licensing
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Distribution: X, Z, and L |
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Key Words: Foster Parents, Medical Examination, Physicals, Religion,
Religious Freedom. |
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Approved by: |
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Interpretation
Question: Can
an applicant for a foster parent license who refuses to get a physical exam
because of religious reasons be licensed?
Policy Citation: The
Child Care Act of 1969: An application to operate a foster family home
shall include, at a minimum completed written form; written authorization by
the applicant and all adult members of the applicant’s household to conduct a
criminal background investigation; medical evidence in the form of a medical
report, on forms prescribed by the Department, that the applicant and all
members of the household are free from communicable diseases or physical and
mental conditions that affect their ability to provide care for the child or
children.[225 ILCS 10/4(b)]
Discussion: The
purpose of The Child Care Act as a regulatory law is to reduce risk to children
who otherwise may be harmed when placed in a child care facility. The license
sets the minimum standards to operate a child care facility and, at the same
time, protect children being placed there. Individuals that desire to obtain a
license to care for children other than their own must meet the licensing
requirements. These applicants voluntarily are willing to submit to the
requirements of licensure in order to care for children other than their own.
Thus, the requirement of providing medical exams to eliminate risk of
communicable diseases to children does not violate their constitutional rights
of religious freedom.
Response: Applicants for a foster parent license must provide
medical evidence in the form of a medical report that the applicant and all
members of the household are free from communicable diseases in order to obtain
a license.