Bill Text: IL HB3002 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Department of Children and Family Services Independent Ombudsperson Act. Establishes the Department of Children and Family Services Ombudsperson Bureau as a separate bureau within the Department of Children and Family Services (Department). Requires the Governor to appoint a Bureau Director within 30 days after the effective date of the Act. Provides that the Governor shall appoint a successor Bureau Director within 30 days after a vacancy occurs in the position of the Bureau Director. Provides that the Bureau Director may employ technical experts and other employees to carry out the purposes of the Act, but shall not hire a person to serve as an Ombudsperson who has been employed by the Department during the preceding year. Provides that the Ombudsperson may receive, investigate, and attempt to resolve complaints that the Department or a foster parent: (1) violated a specific law, rule, or Department written policy; or (2) endangered the health or safety of any person. Provides that at the conclusion of an investigation of a complaint, the Ombudsperson shall report the Ombudsperson's findings to the complainant. Requires the Ombudsperson to create a monthly report that includes a summary of the findings of all substantiated complaints. Contains provisions authorizing the Ombudsperson to conduct investigations of alleged violations of Department policy and rules at any Department facility; to make recommendations for changes to Department policies or practices; to report evidence of a crime to law enforcement; and other powers and duties of the Ombudsperson. Requires the Department to provide the Ombudsperson with timely access to Department records and facilities relevant to a complaint or investigation. Grants the Bureau rulemaking authority. Requires the Director of the Bureau to prepare annual reports on its operations. Makes it a Class A misdemeanor to obstruct an Ombudsperson in the performance of the Ombudsperson's duties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB3002 Detail]

Download: Illinois-2023-HB3002-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3002

Introduced , by Rep. Patrick Windhorst

SYNOPSIS AS INTRODUCED:
New Act

Creates the Department of Children and Family Services Independent Ombudsperson Act. Establishes the Department of Children and Family Services Ombudsperson Bureau as a separate bureau within the Department of Children and Family Services (Department). Requires the Governor to appoint a Bureau Director within 30 days after the effective date of the Act. Provides that the Governor shall appoint a successor Bureau Director within 30 days after a vacancy occurs in the position of the Bureau Director. Provides that the Bureau Director may employ technical experts and other employees to carry out the purposes of the Act, but shall not hire a person to serve as an Ombudsperson who has been employed by the Department during the preceding year. Provides that the Ombudsperson may receive, investigate, and attempt to resolve complaints that the Department or a foster parent: (1) violated a specific law, rule, or Department written policy; or (2) endangered the health or safety of any person. Provides that at the conclusion of an investigation of a complaint, the Ombudsperson shall report the Ombudsperson's findings to the complainant. Requires the Ombudsperson to create a monthly report that includes a summary of the findings of all substantiated complaints. Contains provisions authorizing the Ombudsperson to conduct investigations of alleged violations of Department policy and rules at any Department facility; to make recommendations for changes to Department policies or practices; to report evidence of a crime to law enforcement; and other powers and duties of the Ombudsperson. Requires the Department to provide the Ombudsperson with timely access to Department records and facilities relevant to a complaint or investigation. Grants the Bureau rulemaking authority. Requires the Director of the Bureau to prepare annual reports on its operations. Makes it a Class A misdemeanor to obstruct an Ombudsperson in the performance of the Ombudsperson's duties.
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A BILL FOR

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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Department of Children and Family Services Independent
6Ombudsperson Act.
7 Section 5. Definitions. As used in this Act:
8 "Bureau" means the Department of Children and Family
9Services Ombudsperson Bureau established in this Act,
10including persons approved to act in the capacity of
11Ombudsperson by the Bureau.
12 "Department" means the Department of Children and Family
13Services.
14 "Ombudsperson" means an employee of the Bureau who
15investigates and resolves complaints that the Department
16endangered the health and safety of any person or that the
17Department violated specific laws, rules, or written policies.
18 Section 10. Department of Children and Family Services
19Ombudsperson Bureau. The Department of Children and Family
20Services Ombudsperson Bureau is established as a separate
21bureau within the Department.

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1 Section 15. Director of the Bureau; employees.
2 (a) The Governor shall appoint a Director of the Bureau
3within 30 days after the effective date of this Act. The
4Governor shall appoint a successor Director within 30 days
5after a vacancy occurs in the position of the Director of the
6Bureau. The Director of the Bureau shall serve at the pleasure
7of the Governor.
8 (b) The Director of the Bureau may employ technical
9experts and other employees to carry out the purposes of this
10Act. The Director of the Bureau may not hire a person to serve
11as an Ombudsperson who has been employed by the Department
12during the preceding year.
13 (c) The Department shall provide and maintain office space
14for the Bureau.
15 Section 20. Powers of Ombudsperson.
16 (a) The Ombudsperson may receive, investigate, and attempt
17to resolve complaints that the Department or a foster parent:
18 (1) violated a specific law, rule, or Department
19 written policy; or
20 (2) endangered the health or safety of any person.
21 However, the Ombudsperson shall not investigate a
22complaint from an employee of the Department that relates to
23the employee's employment relationship with the Department.
24The Ombudsperson shall not investigate complaints alleging
25violations of the State Officials and Employees Ethics Act. If

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1the Ombudsperson determines that a possible violation of the
2State Officials and Employees Ethics Act has occurred, the
3Ombudsperson shall immediately refer the incident to the
4Office of the Inspector General.
5 (b) At the conclusion of an investigation of a complaint,
6the Ombudsperson shall report the Ombudsperson's findings to
7the complainant.
8 (c) If the Ombudsperson does not investigate a complaint,
9the Ombudsperson shall notify the complainant of the decision
10not to investigate and the reasons for the decision.
11 (d) The Ombudsperson shall create a monthly report that
12includes a summary of the findings of all substantiated
13complaints.
14 (e) The Ombudsperson may conduct investigations of alleged
15violations of Department policy, State or federal laws, and
16Department rules at any Department facility.
17 (f) The Ombudsperson may recommend changes to the Director
18of the Department concerning Department policies or practices
19based upon information learned or observations made by the
20Ombudsperson during the course of an investigation.
21 (g) If the Ombudsperson discovers evidence that the
22Ombudsperson reasonably believes constitutes the commission of
23a crime, the Ombudsperson shall immediately inform the
24Director of the Department, who shall conduct an
25investigation. If, after conducting the investigation, the
26Director of the Department has reasonable suspicion to believe

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1that a crime has been committed, the Director of the
2Department shall immediately report the evidence to the
3appropriate law enforcement agency. If the Ombudsperson
4reasonably believes that waiting for an investigation would
5pose a serious risk to the health or safety of any person, the
6Ombudsperson shall immediately report the evidence directly to
7the appropriate law enforcement agency.
8 Section 25. Access to records and facilities.
9 (a) The Department shall timely provide an Ombudsperson
10appropriate access to all Department records and facilities
11relevant to the complaint or investigation.
12 (b) A State or local governmental agency or entity that
13has records that are relevant to a complaint or an
14investigation conducted by the Ombudsperson shall provide the
15Ombudsperson with access to the records.
16 Section 30. Duties of Ombudsperson.
17 (a) The Ombudsperson shall:
18 (1) establish procedures to receive and investigate
19 complaints;
20 (2) establish access controls for all information
21 maintained by the Bureau; and
22 (3) except as is necessary to investigate and resolve
23 a complaint, ensure that the identity of a complainant
24 will not be disclosed without:

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1 (A) the complainant's written consent; or
2 (B) a court order.
3 (b) The correspondence and communication between the
4Ombudsperson and any person is a privileged communication.
5 Section 35. Rulemaking, liability.
6 (a) The Bureau may adopt rules to carry out its duties
7under this Act.
8 (b) The Ombudsperson is not civilly liable for the good
9faith performance of the Ombudsperson's official duties.
10 Section 40. Reporting. The Director of the Bureau shall
11prepare a report each year on its operations. A copy of the
12report shall be provided to the Governor, the General
13Assembly, and the Director of the Department.
14 Section 45. Obstruction of the Ombudsperson.
15 (a) A person commits obstruction of the Ombudsperson when
16the person:
17 (1) intentionally interferes with or prevents the
18 completion of the work of the Ombudsperson;
19 (2) knowingly offers compensation to the Ombudsperson
20 in an effort to affect the outcome of an investigation or a
21 potential investigation;
22 (3) knowingly or intentionally retaliates against a
23 person who provides information to the Ombudsperson; or

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1 (4) makes threats because of an investigation or
2 potential investigation against:
3 (A) the Ombudsperson;
4 (B) a person who has filed a complaint; or
5 (C) a person who provides information to the
6 Ombudsperson.
7 (b) Sentence. Obstruction of the Ombudsperson is a Class A
8misdemeanor.
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