Bill Text: IL HB4304 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following additions: Further amends the Children and Family Services Act. Requires the Department of Children and Family Services to ensure that an exit interview is conducted with every child age 5 and over who leaves a foster home, unless clinically contraindicated. Provides that the interview shall be conducted by a caseworker, mental health provider, or clinician from the Department's Division of Clinical Practice. Requires the interview to be conducted within 5 days of the child's removal from the home. Requires the interviewer to comply with the provisions of the Abused and Neglected Child Reporting Act if the child discloses abuse or neglect. Requires the interviewer to immediately inform the licensing agency if the child discloses any information that would constitute a potential licensing violation. Contains provisions on (i) documentation of the interview; (ii) determinations on whether the interview is clinically contraindicated; (iii) information and subject areas that are required to be addressed during the interview; (iv) the development of interview procedures and an interview form by the Department no later than January 1, 2023; and (v) quarterly postings on the Department's website that summarize the exit interviews. Amends the Child Care Act of 1969. Expands the definition of "quality of care concerns applicant" to include a foster care license applicant or any person living in the applicant's household who has requested a youth in care's removal from the home on 5 or more occasions. In provisions concerning applications for a foster family home license, requires the Department to review information regarding all child exit interviews regarding the home.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0763 [HB4304 Detail]

Download: Illinois-2021-HB4304-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4304 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
20 ILCS 505/17a-16 new
Amends the Children and Family Services Act. Creates the Foster Care Investigative Reports Commission as an executive agency of State government to investigate all adverse reports submitted by foster parents to the Department of Children and Family Services (Department) concerning the children placed in their care. Provides that the Commission shall consist of 9 members appointed by the Governor. Contains provisions concerning the term limits of Commission members, compensation, Commission meetings, and other matters. Provides that subject to appropriation, the Commission shall hire a Director and staff to process and investigate all adverse reports referred by the Department to the Commission in order to determine whether the information and allegations set forth in each report are true or false. Requires the Commission to review the findings and recommendations of the Director for each investigated adverse report. Provides that if, after its review, the Commission determines that an adverse report is false or inaccurate, the Commission shall issue a final written report of its determination to be filed with the foster child's official records. Permits the Director, the Director's staff, and the Commission to inspect and copy any materials held by the Department that are relevant to the investigation of an adverse report. Contains provisions concerning the confidentiality of Department records, Commission reporting requirements, and Commission rules.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by adding Section 17a-16 as follows:
(20 ILCS 505/17a-16 new)
Sec. 17a-16. Foster Care Investigative Reports Commission.
(a) As used in this Section:
"Commission" means the Foster Care Investigative Reports
Commission.
"Department" means the Department of Children and Family
Services.
"Director" means the Director of the Foster Care
Investigative Reports Commission.
(b) The Foster Care Investigative Reports Commission is
created as an executive agency of State government to
investigate all adverse reports submitted by foster parents to
the Department of Children and Family Services concerning the
children placed in their care.
(c) The Commission shall consist of 9 members appointed by
the Governor with the advice and consent of the Senate.
Members appointed to the Commission shall either (i) have a
professional background in foster care services or a notable

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interest in foster care services or (ii) be a foster child or
the adopted parent of a former foster child. The Commission
shall elect its own chairperson on an annual basis. Commission
members shall serve without compensation but may be reimbursed
for expenses incurred in the performance of their duties. Each
member shall serve a term of 2 years or until his or her
successor is appointed. Vacancies shall be filled in the same
manner as original appointments. The Commission shall meet
quarterly at the call of the chairperson beginning as soon as
practicable after the effective date of this amendatory Act of
the 102nd General Assembly.
(d) Subject to appropriation, the Commission shall hire a
Director and staff to process and investigate all adverse
reports referred by the Department to the Commission as
provided in subsection (e). The Director and staff shall also
carry out any other powers and duties of the Commission in
accordance with this Section and the rules adopted by the
Commission. All staff other than the Director shall be subject
to the Personnel Code.
(e) Every adverse report submitted by a licensed foster
parent to the Department shall be sent to the Director for
review. Upon receipt of an adverse report, the Director and
his or her staff shall conduct an investigation to determine
whether the information and allegations set forth in the
report are true or false. After the conclusion of the
investigation, the Director shall report his or her findings

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and recommendations to the Commission in a written
investigative summary report. The Commission shall review and
consider the Director's findings and recommendations before
making a final determination as to the foster parent's adverse
report. If, after its review, the Commission determines by
majority vote that there is sufficient evidence to believe
that the foster parent's adverse report is false or
inaccurate, the Commission shall issue a final written report
that sets forth the specific reasons for why it determined the
foster parent's report to be false or inaccurate. A copy of the
Commission's final written report shall be sent to the
Department to be filed with the foster child's official
records. If, after its review, the Commission determines by
majority vote that there is sufficient evidence to believe
that the foster parent's adverse report it true or accurate,
the Commission shall issue a written statement of its decision
and send a copy of its written statement to the Department to
be filed with the foster child's official records.
(f) In the course of an investigation, the Director, the
Director's staff, and the Commission may inspect and copy any
materials relevant to the investigation that are in the
possession of the Department. Any information obtained under
this Section by the Director, the Director's staff, or the
Commission is confidential and may not be disclosed to any
third party unless otherwise authorized by law. Any person who
transmits confidential information in violation of this

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Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
(g) The Commission shall prepare an annual report on its
operations and submit the report to the Governor and the
General Assembly.
(h) The Commission shall adopt any rules necessary to
implement the provisions of this Section. Rules adopted by the
Commission shall be subject to the provisions of the Illinois
Administrative Procedure Act.