A licensing “complaint” is defined as any report claiming violations of the law or DCFS rule related to foster parenting, which can include child abuse or neglect.

Licensing complaints typically come from:

• written communication or phone calls to a private agency or DCFS; 
• DCFS or private agency staff  who observe licensing violations in the course of their work; 
• “indicated” reports of abuse or neglect within a foster family home; Note: If credible evidence exists of child abuse or neglect within a foster family home, the “indicated” report by the child protection investigator automatically generates a licensing complaint, causing a licensing investigation; and 
• child protection investigators who find no credible evidence of abuse or neglect in a foster family home aft er investigation, but do observe what may be licensing violations.

Licensing Complaint Investigation Process
A licensing complaint will be taken if the alleged violation has occurred within 60 days and the description of events or observations seem to show licensing violations.

Factual information will be gathered and the person making the complaint will be told about the licensing investigation process, including the possible need to re-interview the license holder. Information contained in any licensing complaint is confidential and the identity of the person making the complaint will not be revealed. 

Within 2 Business Days of the Complaint 
The private agency caseworker (for homes supervised by an agency) or DCFS licensing staff  (homes in a DCFS regional foster care program) within two business days must begin a licensing investigation with an unannounced visit to the foster home.

Caregivers have the right to have a person of their choice with them during the licensing investigation to serve as a witness or advocate. If the person of choice is not present at that moment, caregivers may take at least four hours to have them present. The witness or advocate must agree to DCFS rules of confidentiality. Any person who is a witness or advocate will not be notified of the outcome of the licensing investigation.

Within 30 Calendar Days of the Complaint 
The investigation should be completed within 30 calendar days of the complaint, but can be extended another 30 calendar days upon written notice to the caregiver.

15 Days aft er Completing the Investigation 
DCFS or the private agency must make a formal determination of whether or not a licensing violation has occurred.

5 Calendar Days aft er Determination 
DCFS or the private agency will send the caregivers being investigated a certified letter summarizing the findings of the licensing investigation.

Caregivers Have the Right to Informal Review of the Decision 
If the caregiver disagrees with the licensing investigation decision, he or she may make a written request for an informal supervisory review of the decision within 10 days of the postmarked date of the letter. The licensing worker, the supervisor and the caregiver are required to attend this meeting. The caregiver may bring an attorney or representative to this meeting. Caregivers may share additional information at the meeting, which they believe to be relevant.

After the informal supervisory review, if the licensing decision is overturned, the process stops. If the decision is not overturned, there are several possible outcomes, and enforcement actions will proceed.

Possible Outcomes of a Licensing Investigation

Corrective Action Plan 
If licensing violations are found and are correctable and the caregiver is willing and able to correct them in a short period of time, a written corrective action plan will be developed.

The written corrective action plan always contains:

• The written corrective action plan always contains:
• a clear statement of what is expected in correcting them; and
• a specified time frame for completion.

Post Complaint Monitoring Visit 
If the licensing investigation decision is not overturned, a time period for compliance to licensing standards is confirmed in writing to the caregivers. After the time period allowed, the licensing worker makes an unannounced visit to the foster family home to determine whether the licensing violations have been corrected.

Caregiver Surrenders the License 
During the investigation, the caregivers may decide to voluntarily surrender their license.

Possible Enforcement Actions of Licensing Standards 
DCFS regions and agencies, in consultation with DCFS, are responsible for ensuring that licensing standards are met by the foster family homes under their supervision. DCFS issues all foster care licenses, even to private agency foster homes, and has the final responsibility and authority to enforce licensing standards.

Enforcement actions are progressive and include: 

• making a written assessment of the foster family’s compliance with licensing standards. The licensing worker must show that a “preponderance” of evidence exists to substantiate the violation; 
• consultation. The licensing worker must be able to show that he or she has attempted to work with the foster family in resolving any licensing issues or problems that were identified; and 
• documentation. Every contact leading up to any enforcement action must be recorded in the case file. Documentation includes information about the:
  • seriousness of the violation; 
  • substantial nature of the violation; 
  • person or persons responsible for the violation; 
  • ability to correct the licensing violation;  
  • previous citations;  
  • overall compliance; and  
  • risk to children.

Negative Licensing Enforcement Actions 
If a prospective or current foster family has not been willing or able to comply with DCFS licensing standards, after reasonable steps have been taken to help them comply, negative enforcement actions are usually the result.

Denial of an Initial License 
A foster care license may be denied if the prospective foster family: 

• fails to complete the licensing process; 
• has a member of the household with a criminal history that prevents licensing; 
• home does not meet licensing standards, aft er reasonable attempts have been made to make corrections; or 
• has a member of the household with a serious/recent history of child abuse/neglect.

Changing/Reducing Capacity 
A corrective action plan determined by the caseworker and caregiver may be used to change the parameters of a license. The action commonly taken is to reduce the number of children a family may foster.

Refusal to Renew A License 
Licenses may not be renewed if documented evidence exists that the health, safety, morals or welfare of children are in jeopardy.  The licensing worker’s supervisor and the DCFS Licensing Administrator must approve this action. If this happens, the supervising agency will notify the caregivers by certified letter of the reasons the license is not being renewed and advising them that Central Office Licensing will formally notify them of their appeal rights.

Revoking A License 
Licenses may be revoked if the health, safety, morals or welfare of the children are in jeopardy. The licensing worker, the supervisor, DCFS Licensing Administrator and DCFS Central Office of Licensing review the enforcement documentation and are involved in the decision to revoke a license. The foster parents will be notified by letter from DCFS of the decision to revoke their license and advising them of their rights.

The “Conditional” License 
If serious licensing violations are found any time, the licensing worker may recommend revoking the foster parent/s’ original license and issuing a 6-month probationary license to allow the caregivers time to correct licensing violations if they indicate a willingness to do so. A corrective action plan is made which lists expectations and time frames for completion. At the beginning of the sixth month, a renewal study begins and the foster family home is expected to be in full compliance with licensing standards. If the foster family home is in full compliance, a full four-year license is issued. If not, revocation proceedings begin and an enforcement hearing is scheduled for the conditional license.

Administrative Order of Closure 
The DCFS director is authorized by the Child Care Act, Section 11.2, to issue an order to immediately close a “licensed facility” whenever DCFS finds that continued operation jeopardizes the health, safety, morals or welfare of children. If applicable, the director is also authorized to initiate license revocation proceedings within 10 working days. An Administrative Order of Closure is signed by the DCFS director and delivered in person by licensing staff to the foster parent/s. Then, a letter citing all licensing violations and offering the opportunity for an informal review is sent to the foster parent/s within 10 working days. If the foster parents request a review within 10 days from the postmarked date of the DCFS letter, the review is scheduled immediately. If a review is not requested, the license revocation proceeds.

Caregiver Rights Under Negative Enforcement Actions by DCFS 
Prior to revoking or refusing to renew a license, DCFS must notify the caregiver by registered mail.  The DCFS letter contains information about how to request a hearing, if desired.

10 Days from Postmark to Request Hearing 
The caregiver has 10 days from the postmarked date of the DCFS letter to make a written request for a hearing. The caregiver, in the same letter, may also request a written statement of the charges from DCFS. If the caregiver does not request a hearing within 10 days from the postmarked date of the DCFS letter, the license will be revoked or the renewal denied.

Hearing within 30 Days of Postmark of Request/15 Day Notification of Hearing Date 
If the caregiver requests a hearing within 10 days from the postmark date time limit, the hearing date must be within 30 days of the postmark on the caregiver’s request lett er. DCFS must also notify the caregivers by registered mail at least 15 days in advance of the hearing date set. Both DCFS and the caregiver may subpoena witnesses and provide relevant documents for the hearing. A hearing officer will be appointed by DCFS. An attorney may represent the caregivers, if they choose to hire one. Aft er the hearing, DCFS will either determine whether to revoke or not renew the license, or will decide that no action should be taken.