Bottom Line for Illinois Nonprofits
- ✓Volunteers of licensed day care facilities aged 18 and older, and aged 14 through 17 with a parent’s authorization (23 Ill. Adm. Code 2010.10)
- ✓Volunteers used to replace or supplement paid childcare staff
- ✓Volunteers who care for or supervise children for a foster family home or host home, or have unsupervised access to them (89 Ill. Adm. Code 385.35)
- +4 more required roles below
State Laws That Apply to Volunteer Background Checks
Illinois Health Care Worker Background Check Act
225 ILCS 46/15, 46/25, 46/33Requires background checks for healthcare workers with direct patient contact. The Act expressly covers individuals hired, employed or retained whether paid or on a volunteer basis. A health care employer must initiate a fingerprint-based check when it makes a conditional offer, may not hire or retain someone with a listed conviction without a waiver, and may not use someone in direct care who has a Health Care Worker Registry or Adult Protective Services Registry finding.
23 Ill. Adm. Code Part 2010 — Day Care Background Checks (moved from 89 Ill. Adm. Code 385)
23 Ill. Adm. Code 2010.10Requires a comprehensive background check for every volunteer of a licensed day care facility aged 18 or older and, with a parent’s authorization, every volunteer aged 14 through 17: ISP and FBI fingerprints, the DCFS State Central Register, the Illinois and national sex offender registries, and the registries of every state lived in during the past five years, repeated at least every five years. Parental involvement does not require a check unless the parent fills a required staff position.
89 Ill. Adm. Code 385 Subpart C — Background Checks for Foster Family Homes and Host Homes
89 Ill. Adm. Code 385.35Requires a comprehensive fingerprint-based background check for foster and host home household members aged 18 and older and for anyone — including employees, volunteers and contractors — whose activities involve caring for or supervising the home’s children or who has unsupervised access to them; household members aged 13 through 17 who are not employees or volunteers get a partial check.
Illinois Criminal Code — Child Sex Offender Restrictions
720 ILCS 5/11-9.3(c), (f)Makes it a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at a facility whose programs serve only people under 18, a day care center, day care home or group day care home, a part day child care facility, a child care institution, or a school’s before- and after-school programs. The Illinois State Police must publish the Statewide Sex Offender Database online (730 ILCS 152/115).
89 Ill. Adm. Code 385 Subpart D — Background Checks for Child Welfare Agencies and Congregate Care Facilities
89 Ill. Adm. Code 385.37, 385.38Requires every child welfare agency and congregate care facility (youth emergency shelters, youth transitional housing, child care institutions, maternity centers, group homes and secure child care facilities) to run a comprehensive check — ISP and FBI fingerprints, the DCFS State Central Register, the abuse and neglect registry of each state lived in during the past five years, and the Illinois and national sex offender registries — on all volunteers, every employee regardless of whether they have contact with children, replacement staff, contractors with access to children and all interns. No one may receive a start date until the employer receives the entire result.
Park District Code — Volunteer Applications
70 ILCS 1205/8-23aRequires every park district to have each volunteer in a recreational program offered to children complete a written application before beginning any work, including a question on whether the applicant has been convicted of or found to be a child sex offender (a parent or legal guardian may complete it for a volunteer under 18). A park district may not knowingly engage a child sex offender as a volunteer and must end the service on discovery; a current volunteer later convicted must immediately disclose it.
Who Must Be Screened in Illinois
!Legally Required to Be Screened
- •Volunteers of licensed day care facilities aged 18 and older, and aged 14 through 17 with a parent’s authorization (23 Ill. Adm. Code 2010.10)
- •Volunteers used to replace or supplement paid childcare staff
- •Volunteers who care for or supervise children for a foster family home or host home, or have unsupervised access to them (89 Ill. Adm. Code 385.35)
- •All volunteers of child welfare agencies and congregate care facilities such as youth shelters and group homes (89 Ill. Adm. Code 385.37)
- •Park district volunteers in children’s recreational programs: a written application with a child sex offender question before starting (70 ILCS 1205/8-23a)
- •Volunteers in direct-care roles with health care employers, and long-term care volunteers with resident contact (225 ILCS 46/10, 46/15)
- •Faith-based day care programs licensed by the Department of Early Childhood (DCFS until June 30, 2026)
Types of Background Checks Required in Illinois
How to Get Background Checks in Illinois
$5 per check — a national criminal database search, sex offender registries in all 50 states and an SSN trace, with human FCRA review when a record needs it. It never replaces a check Illinois law requires.
Start Free Today →Volunteer Screening in Illinois: What You Need to Know
Illinois's large nonprofit sector, anchored by Chicago, includes major healthcare systems, social service agencies, and faith communities. The Chicago area has significant immigrant-serving and community development nonprofits. Illinois’s Human Rights Act limits how employers use arrest and conviction records (775 ILCS 5/2-103, 2-103.1), and a separate law, the Job Opportunities for Qualified Applicants Act, is the state’s ban-the-box rule (820 ILCS 75/15); both are written for employers and job applicants, and neither mentions volunteers. The Illinois Department of Natural Resources runs criminal background checks on selected and new volunteers in its own Volunteer Network Program. The state has not enacted a broad youth-organization screening law comparable to California AB 506.
Compliance Tips for Illinois Nonprofits
- 1
The Health Care Worker Background Check Act covers volunteers in direct-care roles and long-term care volunteers with resident contact — put those volunteers through the same fingerprint check and Health Care Worker Registry review as paid staff.
- 2
Search the Illinois State Police Statewide Sex Offender Database as a free first screen for every volunteer; it is a Class 4 felony for a child sex offender to volunteer at a facility whose programs serve only people under 18, a day care, or a school’s before- and after-school program.
- 3
In licensed day care, every volunteer aged 18 or older needs the full fingerprint, State Central Register and sex offender registry check, and volunteers aged 14 through 17 need it with a parent’s authorization (23 Ill. Adm. Code 2010.10); parental involvement does not require a check unless the parent fills a required staff position (2010.30).
- 4
Illinois’s ban-the-box law (820 ILCS 75/15) and the Human Rights Act’s conviction-record rules (775 ILCS 5/2-103.1) are written for employers and job applicants and do not mention volunteers; if a volunteer role can lead to paid work, follow the employee process — do not use arrest records, and give written notice and at least 5 business days to respond before rejecting someone over a conviction.
- 5
If your volunteers serve at IDNR sites through the IDNR Volunteer Network, expect IDNR’s own criminal background check; it requires full disclosure of conviction history and may be repeated at any time while they volunteer.
Frequently Asked Questions
Does Illinois require background checks for my nonprofit’s volunteers?
Only for volunteers in specific roles or settings; no Illinois rule covers every nonprofit. Illinois does not have a universal volunteer background check mandate, but sector-specific statutes and regulations create mandatory screening requirements in childcare, healthcare, and programs serving people with disabilities.
How long does a Illinois volunteer background check take?
Official state checks: UCIA conviction requests: ISP must respond within 2 weeks by statute (20 ILCS 2635/6); licensed day care background checks must be completed within 45 days (23 Ill. Adm. Code 2010.10(f)). VolunteerBadge's national criminal search returns most results in minutes; a record that needs human FCRA review can take up to about 72 hours.
