For decades, Illinois families who wanted to know about a daycare's track record looked to the Department of Children and Family Services. That changed in 2026. A new agency now leads child care licensing, the rules have new numbers and the settings themselves have a new official name. For parents dealing with suspected sexual abuse at a daycare, these changes matter, because the licensing system defines what the center was required to do and produces records that can show whether it did.
A civil claim in this area does not require a police report or a criminal conviction. The questions it asks are institutional: what the center and its license holder knew, what they should have known and what they did.
The Law Behind Daycare Licensing
Illinois regulates child care under the Child Care Act of 1969, codified at 225 ILCS 10. Section 3 makes it unlawful to operate a center or home without a license or permit. The Act now refers to these settings as early care and education centers and homes, although most families still call them daycares.
From DCFS to IDEC
Licenses issued before July 1, 2026 came from DCFS. Since that date, the Illinois Department of Early Childhood (IDEC) has served as the lead agency for child care licensing. If the abuse your child experienced happened before the transition, the licensing file may carry DCFS markings. If it happened after, the file will sit with IDEC.
The Rule Numbers Changed Too
Detailed licensing standards used to appear as DCFS rules in Title 89 of the Illinois Administrative Code: Part 407 for day care centers, Part 406 for day care homes and Part 408 for group day care homes. With the move to IDEC, those standards were transferred to Title 23. Centers are now covered by Part 2008, homes by Part 2007 and group homes by Part 2009. When abuse took place before the transfer, the older Title 89 numbers are the ones most likely to appear in inspection reports and correspondence.
What Centers Must Do
IDEC describes its core licensing requirements as staff ratios, criminal background checks, staff training, safe space and appropriate and respectful staff interactions with children. Licensing representatives conduct annual unannounced visits to every licensed program. In a civil case, those standards matter because they spell out obligations the center already carried before anything happened.
Background Checks Under the Act
Section 4.1 requires every employee and volunteer of a licensed center or home to authorize a criminal background investigation as a condition of employment, with fingerprints run against Illinois State Police and FBI records. IDEC describes the full process as state, FBI and out-of-state criminal checks along with searches of the Child Abuse and Neglect Tracking System (CANTS) and the Sex Offender Registry. Section 4.2 bars licensed providers from employing people convicted of listed offenses, including criminal sexual assault, predatory criminal sexual assault of a child and criminal sexual abuse.
Why the Licensing File Matters
Because the state licenses these facilities, there is usually a licensing file in addition to the center's own records. Inspection findings, prior violations, abuse reports and protective plans can all appear there. When those records show the state had raised concerns and the center failed to respond, that failure can become central to a claim.
The Legal Theories Involved
Claims are usually brought against the center and its license holder, not only the person who abused the child. Negligent hiring most often carries these cases, typically alongside other theories such as negligent supervision. Most centers are private, so the Tort Immunity rules for Illinois public bodies do not apply in the same way.
Common Questions From Parents
My child's daycare was licensed by DCFS, not IDEC. Does that change anything? The underlying duties are similar, but the records and rule numbers may differ depending on when the abuse occurred.
Does someone need to be convicted? No. Civil claims use a lower standard of proof and usually name the institution.
Can our family's identity be protected? Yes, steps are available in the court record, and we explain them first.
How We Begin
You can call just to ask questions, and you will not be asked to describe what happened. If you want us to look further, we research at no cost which center and license holder were responsible, what the licensing file and the center's records show and whether a claim can still be brought. You hear our honest view and make your own decision. Stopping keeps everything confidential. Continuing means our firm handles the filings, deadlines, records and insurers, and we can request protections for your family's identity.
Reach Our Office
Coplan + Crane partner Ervin Nevitt, licensed in Illinois since 2014, can be reached through the firm at (708) 671-6858 at any hour. The office is located at 60 W Randolph St, Suite 333, Chicago, IL 60601.
For confidential support, RAINN's hotline at 1-800-656-4673 never closes. To report suspected abuse of a child, the DCFS hotline is 1-800-25-ABUSE (1-800-252-2873). In an emergency, call 911.
Attorney advertising. Informational only; please do not treat it as legal advice.
