Illinois’ child welfare agency enforced suspended rule against day cares

[September 15, 2023]  By Greg Bishop | The Center Square

(The Center Square) – Despite a rule limiting day care assistants’ ability to monitor rooms of children under two being suspended, the Illinois Department of Children and Family Services was still enforcing the rule.

DCFS’s rule limiting day care assistants’ ability to watch rooms of children younger than two was suspended in July. The Joint Committee on Administrative Rules said the policy was making child care operations cumbersome.

At this week’s JCAR hearing, state Rep. Steven Reick, R-Woodstock, revealed despite being suspended, it was still being enforced by DCFS.

“It may seem that I’m somewhat losing my temper here with the agency on things like this and it’s simply because I am losing my temper with things going on with this agency,” Reick said.

Not only was the agency enforcing the suspended rule, Reick said it is publishing such violations, which could impact whether parents want to send their child to a particular day care.

“What effort is going to be made by the department to publicize the fact that these violations that are being cited are really not a violation because of the suspension of this rule?” Reick asked.

Agency staff said they’ll look into the issue.

“We are a large agency. We have a lot of licensing reps, so sometimes violations are cited and later after meeting with a supervisor they are overturned,” DCFS Acting Assistant Chief of Policy Jennifer Cohen-Diehl said. “If it shows up on the website, it would state that it was overturned.”

The Illinois Department of Children and Family Services (DCFS) building in Springfield.
By Greg Bishop | The Center Square

State Rep. Curtis Tarver, D-Chicago, said a public-facing clarification is necessary.

“I would make that suggestion because, if not, then the parent does not have any understanding of what the difference is,” Tarver said.

The Illinois Directors and Owners of Childcare Centers said in a statement this is “another example of the child care industry being harmed by a department that is supposed to be helping us, not hurting us.”

“ILDOCC members are frustrated by these violations and their inability to fight for their programs when incorrect violations are issued because of the Department’s lack of communication within their agency,” the group said.

State Sen. Bill Cunningham, D-Chicago, said an unenforceable rule being enforced is a problem.

“And as you can see the committee is upset about that so that just can’t happen,” Cunningham said. “So we certainly hope that that’s taken care of.”

Agency staff said they will inform all of their investigators that the rule is suspended until further notice.