OCFP

Office

of

 Child and Family Policy

 

Department of Children and Family Services

 

Index No: 2000-01

 

Issuance Date: February 1, 2000

 

Origin of Request: Central Office of Licensing

 

Distribution: Licensing Staff, Administrative Staff, Office of Child and Family Policy (A,L,P)

 

Key Words: 89 Ill. Adm. Code 404, Licensing Standards for Child Care Institutions and Maternity Centers, Adults and Children Sharing Common Area

 

Approved by:

 

Interpretation

 

Question:                    Can a licensed maternity center allow children under the age of 18 to share common areas in the facility with adults over the age of 18?

 

Applicable To:            Licensed Maternity Centers

                                   

Policy Citation:           Section 302.20            Definitions

 

"Child welfare services" means publicly funded social services which are directed toward the accomplishment of the following purposes:

 

placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, or in a licensed shelter facility. The Department is not required to place or maintain children:

 

who are in a foster home; or

 

who are developmentally disabled, as defined in the Mental Health and Developmental Code; or

 

who are female children who are pregnant, pregnant and parenting or parenting; or

 

who are siblings;

 

in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.[20 ILCS 505/5]

 

           

Discussion:     Subsection 302.20 Definitions (Child welfare services), states that the Department must place children under the age of 18 in separate living quarters from children over the age of 18, except in facilities where the individuals are female children who are pregnant, pregnant and parenting, or parenting. The intent of subsection 302.20 Definitions (Child welfare services), is to provide exceptions for mixing children under the age of 18 with adults over the age of 18.

 

Since the Department provides this exception, mixing pregnant and parenting children under the age of 18 with pregnant and parenting adults over the age of 18 should not prevent a maternity center from being licensed by the Department.

             

Response:       Female children under the age of 18 who are pregnant, pregnant and parenting, or parenting, are allowed to be placed or maintained in facilities that mix them with female adults.  Maternity centers where this is the practice should not be prevented from being licensed by the Department.