Background Check Requirements for Illinois Daycare Workers

Every parent who drops their child off at a Chicago daycare trusts that the people caring for their child are safe, vetted, and qualified. That trust is not just a feeling — it is backed by Illinois law. Background check requirements for daycare workers exist to screen out individuals with histories of violence, abuse, or criminal conduct before they ever set foot in a room with children. When daycares skip this step, cut corners, or ignore the results, the consequences can be devastating. If your child was harmed at a Chicago daycare and you believe the facility failed to properly screen its staff, a Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you understand your rights.

Table of Contents

• What Illinois Law Requires for Daycare Background Checks
• Who Must Be Screened at an Illinois Daycare
• What a Comprehensive Background Check Actually Includes
• Probationary Employment and Supervision Rules
• When Background Check Failures Lead to Child Injuries
• FAQs About Background Check Requirements for Illinois Daycare Workers

What Illinois Law Requires for Daycare Background Checks

Illinois has some of the most detailed child care screening requirements in the country. The foundation is the Illinois Child Care Act of 1969 (225 ILCS 10), which sets the legal framework for who must be screened and what that screening must include. Under this law, the Illinois Department of Children and Family Services (DCFS) is responsible for conducting background checks on individuals who work in licensed child care settings across the state, including Chicago facilities near neighborhoods like Lincoln Park, Logan Square, and Pilsen.

The State of Illinois requires DCFS to conduct fingerprint-based background checks on individuals who work with or live in licensed and unlicensed childcare facilities, those that may work alone with children in care, and anyone age 18 or older living in a home with children. This is not optional. It applies to full-time staff, part-time workers, and in many cases, volunteers who have unsupervised access to children.

The background check is required for all eligible individuals living or working in a licensed childcare facility who may have unrestricted or unsupervised access to children in care, and in accordance with the Federal Child Care Development Block Grant Act (CCDBG), all new and existing child care employees, including those under 18 who are employed at a day care program. The CCDBG is a federal law that sets minimum standards states must meet, and Illinois has incorporated those requirements into its own DCFS rules.

A corrective plan developed under federal audit requirements includes a requirement that all new and existing day care staff who are employed by a day care provider for compensation, or whose activities involve unsupervised access to children, must have comprehensive background checks. This means the obligation does not stop at licensed centers. It extends broadly across the child care system.

Under DCFS Rule 407, the day care center shall require all persons subject to background checks, as defined in 89 Ill. Adm. Code 385.20, to furnish written information regarding any criminal convictions, to submit to fingerprinting, and to authorize the background checks required by 89 Ill. Adm. Code 385, Background Checks. Facilities that ignore this rule are not just violating a policy — they are breaking the law.

Who Must Be Screened at an Illinois Daycare

The scope of who must be screened goes well beyond the lead teacher in a classroom. Illinois takes a broad view of who qualifies as someone with potential access to children, and that breadth is intentional.

The comprehensive background check also includes janitors, cooks, and other employees who may not regularly engage with children but whose positions at the facility give them the opportunity for unsupervised access to children. Think about that for a moment. Even a maintenance worker who enters a building during operating hours is subject to screening. This reflects how seriously Illinois takes the safety of children in these settings.

Individuals employed in childcare facilities between the ages of 14 and 17 are required to undergo a comprehensive fingerprint-based criminal background check. Even teenage workers at a Chicago daycare are not exempt. The law covers them too, recognizing that age alone does not eliminate risk.

Volunteers who provide infrequent or irregular service that is supervised, or parent volunteers who are supervised, are not required to complete background checks. However, they must be supervised at all times by an employee with a cleared comprehensive background check within the previous five years. Volunteers who have unsupervised access to children must have comprehensive background checks completed.

For home-based daycare settings, the rules extend even further. When a licensed child care facility or non-licensed service provider operates in a family home, adult members of the household age 18 and older shall be fingerprinted to be screened for prior criminal convictions and current pending criminal charges. All household members age 13 and over shall be screened for a history of child abuse or neglect and for inclusion in the Illinois Sex Offender Registry. These background checks are required even if members of the household usually are not present in the home during the hours of operation. This is a critical detail many parents do not know.

What a Comprehensive Background Check Actually Includes

Not all background checks are the same. Illinois requires a multi-layered screening process that goes far beyond a simple name search. Understanding what the check covers helps parents recognize when a facility may be cutting corners.

Individuals 18 and over must be fingerprinted and will receive a full check, which consists of a review of information from the Illinois State Police, Federal Bureau of Investigation, State and National Sex Offender Registry, Illinois DCFS Child Abuse and Neglect Tracking System, and the child abuse and neglect registry of any other state of residence. This means a worker who committed abuse in another state and then moved to Chicago is not automatically invisible to the system.

A criminal background check for a child care staff member shall include a Federal Bureau of Investigation fingerprint check using Next Generation Identification, a search of the National Crime Information Center’s National Sex Offender Registry, and a search of the registries, repositories, or databases in the State where the child care staff member resides and each State where such staff member resided during the preceding five years.

Anyone identified as a sex offender or declared a dangerous person under the Sexually Dangerous Persons Act (725 ILCS 205) by the Illinois State Police, or anyone convicted of committing or attempting to commit certain offenses including homicide, kidnapping, sex offenses, bodily harm, and any related offenses in the state of Illinois, is barred from working at a daycare.

There are two outcomes from a background check. There is either an absolute bar to licensure or employment in a childcare facility, or a history which requires a waiver from the Director of DCFS. Certain convictions result in an automatic, permanent disqualification. Others may be reviewed on a case-by-case basis. The employer is only provided general information as to the denial or approval of the clearance, not specific information regarding the number or types of convictions. Confidentiality protections exist, but the facility still must act on the result.

Probationary Employment and Supervision Rules

Background checks take time to process. Illinois law addresses what happens during that waiting period, and the rules are strict. A daycare cannot simply allow a new hire to work unsupervised while waiting for results to come back.

A probationary employee or volunteer with an initial background check clearance must be under the supervision of an employee with a full comprehensive background check clearance within the past five years at all times. Persons in probationary employment status and volunteers shall not begin employment or volunteer services until notified by the employer of receipt of an initial background check clearance. A probationary employee or volunteer shall not be left alone with any child served by the licensed facility until notified by the employer that a full clearance has been received.

Proposed DCFS Rule 407 amendments include stronger detail on comprehensive background checks and limits on probationary employees being alone with children until full clearance is received. These proposed updates reflect DCFS’s ongoing effort to tighten the rules around this critical period in the hiring process.

When a daycare in Chicago, whether located near the Magnificent Mile, in Wicker Park, or on the South Side near the Dan Ryan Expressway, allows a worker to be alone with children before a background check is complete, that facility is violating the rules. If a child is harmed during that period, the daycare’s negligent hiring practices become a central issue in any legal claim. Issues like negligent hiring and retention of dangerous workers are directly connected to failures in the background check process. Inadequate supervision of probationary workers compounds the risk and the legal exposure for the facility.

When Background Check Failures Lead to Child Injuries

A background check failure is not just a paperwork problem. It is a safety failure with real consequences for real children. When a daycare hires someone without running the required checks, or ignores a disqualifying result, the facility has chosen to put children at risk. Under Illinois law, that choice can form the basis of a civil lawsuit.

Negligent hiring claims in Illinois require showing that the employer knew or should have known that a worker posed a risk of harm. Skipping a mandatory background check, or failing to act on a disqualifying result, is strong evidence that the employer knew the risk and ignored it. This connects directly to broader issues of negligent supervision and the daycare’s duty to maintain a safe environment for every child in its care.

Physical abuse by daycare workers, sexual abuse and molestation, and other forms of harm are far more likely when facilities bypass the screening process. The background check system exists precisely to prevent people with histories of violence or abuse from gaining access to vulnerable children. When a Chicago daycare fails to use that system, and a child is hurt as a result, the law provides a path to accountability.

Illinois courts, including the Circuit Court of Cook County located at the Richard J. Daley Center in downtown Chicago, handle civil claims against daycare facilities. These cases often involve DCFS investigation records, licensing violations, and evidence of the facility’s hiring practices. The strength of a case often depends on how quickly evidence is preserved after an injury. Families who act promptly give their attorneys the best chance to build a strong case.

At Briskman Briskman & Greenberg, we represent families whose children were harmed because a daycare failed to follow the law. If you believe a background check failure contributed to your child’s injury, call us at (312) 222-0010. Our office is located at 35 E. Wacker Drive, Suite 1730, Chicago, IL 60601. We handle these cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. You may still be responsible for certain costs or expenses, which we will discuss with you directly. Past results do not guarantee a similar outcome in your case.

FAQs About Background Check Requirements for Illinois Daycare Workers

Are all Illinois daycare workers required to have a background check before working with children?

Yes. Under the Illinois Child Care Act of 1969 (225 ILCS 10) and DCFS regulations, all staff with potential unsupervised access to children must be screened. This includes full-time and part-time employees, and in many situations, volunteers. Even workers like cooks and janitors who are not directly responsible for child care but have access to the facility during operating hours must be screened. A new hire may begin work in a probationary status only after receiving an initial clearance, and must be supervised by a fully cleared employee at all times until a comprehensive background check is complete.

What happens if a daycare worker’s background check reveals a disqualifying offense?

Certain criminal convictions result in an absolute bar to employment at a licensed Illinois daycare. These include offenses like homicide, kidnapping, sex offenses, and crimes involving bodily harm, as identified in the Illinois Child Care Act of 1969 and 89 Ill. Adm. Code 385. If a disqualifying offense is found, the individual cannot work at the facility. Other offenses may be reviewed on a case-by-case basis and may require a waiver from the DCFS Director. If a daycare hires or retains someone despite a disqualifying result, that facility has violated Illinois law and may be liable for any harm that results.

Can a Chicago daycare legally allow a new worker to be alone with children while waiting for background check results?

No. Illinois DCFS rules are clear on this point. A probationary employee must receive at least an initial background check clearance before starting work, and cannot be left alone with any child until a full comprehensive background check clearance is received. During the probationary period, the worker must be supervised at all times by an employee who has a full clearance within the past five years. A daycare that allows a new, uncleared worker to be alone with children is violating state rules and exposing children to unnecessary risk.

Does the background check requirement apply to in-home daycares in Chicago?

Yes, and the rules for home-based settings are even broader. When a licensed or non-licensed child care provider operates out of a family home, all adult household members age 18 and older must be fingerprinted. All household members age 13 and older must be screened for child abuse and neglect history and checked against the Illinois Sex Offender Registry. Importantly, these checks are required even for household members who are not typically present during the hours the daycare operates. This means the family members of an in-home daycare provider are subject to screening, not just the provider themselves.

What should I do if I believe my child was harmed because a Chicago daycare failed to conduct a proper background check?

Start by documenting everything. Request your child’s medical records and any incident reports from the daycare. File a complaint with DCFS and ask about the facility’s licensing and inspection history. Contact law enforcement if the harm involved criminal conduct. Then speak with a lawyer as soon as possible. Evidence can disappear quickly, and Illinois has specific time limits for filing personal injury claims on behalf of minors. Briskman Briskman & Greenberg handles daycare injury cases throughout Chicago and can be reached at (312) 222-0010. Viewing this page does not create an attorney-client relationship.

More Resources About Illinois Laws, Regulations, and Agency Oversight

• Illinois Daycare Licensing Requirements Explained
• DCFS Daycare Regulations in Illinois
• Illinois Staff-to-Child Ratio Requirements by Age
• Mandatory Reporter Laws in Illinois
• The Illinois Child Care Act of 1969 Explained
• Injury Reporting Requirements for Illinois Daycares
• How to Access Illinois Daycare Inspection Records
• Understanding Licensing Violations and Citations in Illinois
• When Illinois Daycare Licenses Are Suspended or Revoked
• Chicago Department of Public Health Daycare Oversight
• City of Chicago Daycare Ordinances and Requirements