|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0315 Introduced 2/19/2021, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
|
| 20 ILCS 505/5d | | 750 ILCS 50/18.9 | |
|
Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of
human
services with a human services, juris doctor, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of
human
services with a human services degree or equivalent course work
as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | SB0315 | | LRB102 05117 KTG 15137 b |
|
|
1 | | AN ACT concerning the Department of Children and Family |
2 | | Services.
|
3 | | Be it enacted by the People of the State of Illinois,
|
4 | | represented in the General Assembly:
|
5 | | Section 5. The Children and Family Services Act is amended |
6 | | by changing Section 5d as follows:
|
7 | | (20 ILCS 505/5d)
|
8 | | Sec. 5d. The Direct Child Welfare Service Employee License |
9 | | Board.
|
10 | | (a) For purposes of this Section:
|
11 | | (1) "Board" means the Direct Child Welfare Service |
12 | | Employee License
Board.
|
13 | | (2) "Director" means the Director of Children and |
14 | | Family
Services.
|
15 | | (b) The Direct Child Welfare Service Employee License |
16 | | Board is created
within
the Department of Children and Family |
17 | | Services and shall consist of 9 members
appointed by the |
18 | | Director. The Director shall annually designate a chairperson
|
19 | | and
vice-chairperson of
the Board. The membership of the
Board
|
20 | | must be composed as follows: (i) 5 licensed professionals from |
21 | | the field of
human
services with a human services , juris |
22 | | doctor, medical, public administration, or other relevant |
23 | | human services degree or equivalent course work
as required by |
|
| | SB0315 | - 2 - | LRB102 05117 KTG 15137 b |
|
|
1 | | rule of the Department and who are in good standing within |
2 | | their
profession, at least 2 of which
must be employed in the |
3 | | private not-for-profit sector and at least one of which
in the |
4 | | public
sector; (ii) 2
faculty members of an accredited |
5 | | university who have child welfare experience
and are
in good
|
6 | | standing within their profession and (iii) 2 members of the |
7 | | general public who
are not
licensed under this Act or a similar |
8 | | rule and will represent consumer
interests.
|
9 | | In making the first appointments, the Director shall |
10 | | appoint 3 members to
serve
for a term of one year, 3 members to |
11 | | serve for a term of 2 years, and 3
members to
serve for a term |
12 | | of 3 years, or until their successors are appointed and
|
13 | | qualified. Their
successors shall be appointed to serve 3-year |
14 | | terms, or until their
successors are
appointed and qualified. |
15 | | Appointments to fill unexpired vacancies shall be
made in the
|
16 | | same manner as original appointments. No member may be |
17 | | reappointed if a
reappointment would cause that member to |
18 | | serve on the Board for longer than 6
consecutive years. Board |
19 | | membership must have reasonable representation from
different |
20 | | geographic areas of Illinois, and all members must be |
21 | | residents of
this State.
|
22 | | The Director may terminate the appointment of any member |
23 | | for good cause,
including but not limited to (i) unjustified |
24 | | absences from Board meetings or
other failure
to meet Board |
25 | | responsibilities, (ii) failure to recuse himself or herself |
26 | | when
required by
subsection (c) of this Section or Department |
|
| | SB0315 | - 3 - | LRB102 05117 KTG 15137 b |
|
|
1 | | rule, or (iii) failure to maintain
the professional
position |
2 | | required by Department rule. No member of the Board may have a
|
3 | | pending
or indicated report of child abuse or neglect or a |
4 | | pending complaint or
criminal
conviction of any of the |
5 | | offenses set forth in paragraph
(b) of Section
4.2 of the Child |
6 | | Care Act of 1969.
|
7 | | The members of the Board shall receive no compensation for |
8 | | the performance of
their duties as members, but each member |
9 | | shall be reimbursed for his or her
reasonable and
necessary |
10 | | expenses incurred in attending the meetings of the Board.
|
11 | | (c) The Board shall make recommendations to the Director |
12 | | regarding licensure
rules. Board members must recuse |
13 | | themselves from sitting on any matter
involving an
employee of |
14 | | a child welfare agency at which the Board member is an employee |
15 | | or
contractual employee. The Board shall make a final |
16 | | determination concerning
revocation, suspension, or |
17 | | reinstatement of an employee's direct child welfare
service
|
18 | | license after a hearing conducted under the Department's |
19 | | rules. Upon
notification of the manner of the vote to all the |
20 | | members, votes on a
final determination may be cast in person, |
21 | | by
telephonic or
electronic means, or by mail at the |
22 | | discretion of the chairperson.
A simple majority of the |
23 | | members appointed and serving is
required
when Board members |
24 | | vote by mail or by telephonic or electronic means. A
majority |
25 | | of
the currently appointed and serving Board members |
26 | | constitutes a quorum. A
majority of
a quorum is required when a |
|
| | SB0315 | - 4 - | LRB102 05117 KTG 15137 b |
|
|
1 | | recommendation is voted on during a Board
meeting. A
vacancy |
2 | | in the membership of the Board shall not impair the right of a |
3 | | quorum
to perform
all the duties of the Board. Board members |
4 | | are not personally liable in any
action based
upon a |
5 | | disciplinary proceeding or otherwise for any action taken in |
6 | | good faith
as a
member of the Board.
|
7 | | (d) The Director may assign Department employees to |
8 | | provide staffing
services to
the Board. The Department must |
9 | | promulgate any rules necessary to implement
and administer the |
10 | | requirements of this Section.
|
11 | | (Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
|
12 | | Section 10. The Adoption Act is amended by changing |
13 | | Section 18.9 as follows:
|
14 | | (750 ILCS 50/18.9) |
15 | | Sec. 18.9. Post-placement and post-adoption support |
16 | | services. |
17 | | (a) It is the public policy of this State to find |
18 | | permanency for children through adoption and to prevent |
19 | | placement disruption, adoption dissolution, and secondary |
20 | | placement. Public awareness and access to timely, effective |
21 | | post-placement and post-adoption support services to provide |
22 | | resources for children and families is essential to promote |
23 | | permanency. |
24 | | (b) The Department shall establish and maintain accessible |
|
| | SB0315 | - 5 - | LRB102 05117 KTG 15137 b |
|
|
1 | | post-placement and post-adoption support services for all |
2 | | children adopted pursuant to this Act, all children residing |
3 | | in this State adopted pursuant to the Interstate Compact on |
4 | | the Placement of Children, all children residing in this State |
5 | | adopted pursuant to the Intercountry Adoption Act of 2000, and |
6 | | all former youth in care, as defined by the Children and Family |
7 | | Services Act, who have been placed in a guardianship. |
8 | | (b-5) The Department shall establish and maintain a |
9 | | toll-free number to respond to requests from the public about |
10 | | its post-placement and post-adoption support services under |
11 | | subsection (b) and shall staff the toll-free number so that |
12 | | calls are answered on a timely basis, but in no event more than |
13 | | one business day after 24 hours from the receipt of a request. |
14 | | (c) The Department shall publicize information about the |
15 | | Department's post-placement and post-adoption support services |
16 | | pursuant to subsection (b) and the toll-free number pursuant |
17 | | to subsection (b-5) as follows: |
18 | | (1) it shall post information on the Department's |
19 | | website; |
20 | | (2) it shall provide the information to every licensed |
21 | | child welfare agency, every out of State placement agency |
22 | | or entity approved under Section 4.1 of this Act, and any |
23 | | entity providing adoption support services in the Illinois |
24 | | courts; |
25 | | (3) it shall reference such information in the |
26 | | adoptive parents' rights and responsibilities document |
|
| | SB0315 | - 6 - | LRB102 05117 KTG 15137 b |
|
|
1 | | that the Department publishes and that is provided to |
2 | | adoptive parents under this Act and the Child Care Act. |
3 | | (4) it shall provide the information, including the |
4 | | Illinois Post Adoption and Guardianship Services booklet, |
5 | | to prospective adoptive parents and guardians as part of |
6 | | its adoption and guardianship training and at the time |
7 | | they are presented with the Permanency Commitment form; |
8 | | and |
9 | | (5) it shall include, in each annual notification |
10 | | letter mailed to adoptive parents and guardians, a short, |
11 | | 2-sided flier or news bulletin in plain language that |
12 | | describes access to post-placement and post-adoption |
13 | | services, how to access Medicaid and Individual Care Grant |
14 | | or Family Support Program services, the webpage address to |
15 | | Illinois' Post Adoption and Guardianship Services booklet, |
16 | | information on how to request that a copy of the booklet be |
17 | | mailed, and a sticker or magnet that includes the |
18 | | toll-free number to access the Department's post-placement |
19 | | and post-adoption support services. |
20 | | (c-5) The Department shall review and update annually all |
21 | | information relating to its post-placement and post-adoption |
22 | | support services, including its Post Adoption and Guardianship |
23 | | Services booklet, to include updated information on Individual |
24 | | Care Group or Family Support Program services eligibility and |
25 | | the post-placement and post-adoption support services that are |
26 | | available through the Medicaid program or any other State |
|
| | SB0315 | - 7 - | LRB102 05117 KTG 15137 b |
|
|
1 | | program for mental health services. The Department and the |
2 | | Department of Healthcare and Family Services shall coordinate |
3 | | their efforts in the development of resources described in |
4 | | this subsection. |
5 | | (d) Every licensed child welfare agency, every entity |
6 | | approved under Section 4.1 of this Act, and any entity |
7 | | providing adoption support services in the Illinois courts |
8 | | shall provide the Department's website address and link to the |
9 | | Department's post-placement and post-adoption support services |
10 | | information set forth in subsection (c) of this Section, |
11 | | including the Department's toll-free number, to every adoptive |
12 | | parent, prospective adoptive parent, and guardian with whom |
13 | | they work in Illinois. This information shall be provided |
14 | | prior to placement. |
15 | | (e) Beginning one year after the effective date of this |
16 | | amendatory Act of the 101st General Assembly, the Department |
17 | | shall report annually to the General Assembly on January 15 |
18 | | the following information for the preceding year: |
19 | | (1) a description of all post-placement and |
20 | | post-adoption support services the Department provides; |
21 | | (2) without identifying the names of the recipients of |
22 | | the services, the number of guardians, prospective |
23 | | adoptive parents, and adoptive families in Illinois who |
24 | | have received the Department's post-placement and |
25 | | post-adoption support services and the type of services |
26 | | provided and for each, the length of time between the |
|
| | SB0315 | - 8 - | LRB102 05117 KTG 15137 b |
|
|
1 | | initial contact to the Department to request |
2 | | post-placement and post-adoption support services and the |
3 | | first receipt of services, and the type of services |
4 | | received; |
5 | | (3) the number of families who have contacted the |
6 | | Department about its post-placement and post-adoption |
7 | | support services due to a potential placement disruption, |
8 | | adoption dissolution, secondary placement, or unregulated |
9 | | placement, but for whom the Department declined to provide |
10 | | post-placement and post-adoption support services and the |
11 | | reasons that services were denied; |
12 | | (4) the number of placement disruptions, adoption |
13 | | dissolutions, unregulated placements, and secondary |
14 | | placements, and for each one: |
15 | | (A) the type of placement or adoption, including |
16 | | whether the child who was the subject of the placement |
17 | | was a youth in care as defined in Section 4d of the |
18 | | Children and Family Services Act, and if the child was |
19 | | not a youth in care, whether the adoption was a |
20 | | private, agency, agency-assisted, interstate, or |
21 | | intercountry adoption; |
22 | | (B) if the placement or adoption was intercountry, |
23 | | the country of birth of the child; |
24 | | (C) whether the child who was the subject of the |
25 | | placement disruption, adoption dissolution, |
26 | | unregulated placement, or secondary placement entered |
|
| | SB0315 | - 9 - | LRB102 05117 KTG 15137 b |
|
|
1 | | State custody; |
2 | | (D) the length of the placement prior to the |
3 | | placement disruption, adoption dissolution, |
4 | | unregulated placement, or secondary placement; |
5 | | (E) the age of the child at the time of the |
6 | | placement disruption, adoption dissolution, |
7 | | unregulated placement, or secondary placement; |
8 | | (F) the reason, if known, for the placement |
9 | | disruption, adoption dissolution, unregulated |
10 | | placement, or secondary placement; and |
11 | | (G) if a licensed child welfare agency or any |
12 | | approved out of State placing entity participated in |
13 | | the initial placement, and, if applicable, the name of |
14 | | the agency or approved out of State placing entity; |
15 | | and |
16 | | (5) a description of the coordination between the |
17 | | Department and the Department of Healthcare and Family |
18 | | Services to develop resources under this subsection, |
19 | | including, but not limited to, a description of the goals |
20 | | of such coordination and whether the goals have been met.
|
21 | | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20 .)
|