Bill Text: IL SB1762 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Open Meetings Act and the Freedom of Information Act. Provides that "public body" does not include the Child Care Facility Investigation Workgroup established under the Abused and Neglected Child Reporting Act. Amends the Abused and Neglected Child Reporting Act. Provides that on or before January 1, 2016, the Department of Children and Family Services shall convene a multi-disciplinary child care facility investigation workgroup to identify areas for improvement in the quality of investigations of child abuse and neglect. Sets forth the composition of the workgroup. Requires the Department to provide to the workgroup, upon request, all records and information in the Department's possession relevant to the workgroup's review of reports of abuse or neglect made to the Department's State-wide toll free telephone number, and relevant to the workgroup's review of investigations of allegations of abuse or neglect of children or adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969, transitional living programs, or unlicensed foster homes. Requires the workgroup to review indicated and unfounded reports of child abuse or neglect. Provides that meetings of the workgroup shall be closed to the public and are not subject to the Open Meetings Act; and that records and information provided to the workgroup and records maintained by the workgroup are confidential and are not subject to the Freedom of Information Act. Contains provisions concerning reporting requirements for both the workgroup and the Department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-24 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1762 Detail]

Download: Illinois-2015-SB1762-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1762 Introduced 2/20/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
5 ILCS 120/1.02 from Ch. 102, par. 41.02
5 ILCS 140/2 from Ch. 116, par. 202
325 ILCS 5/7.3d new
Amends the Open Meetings Act and the Freedom of Information Act. Provides that "public body" does not include the Child Care Facility Investigation Workgroup established under the Abused and Neglected Child Reporting Act. Amends the Abused and Neglected Child Reporting Act. Provides that on or before January 1, 2016, the Department of Children and Family Services shall convene a multi-disciplinary child care facility investigation workgroup to identify areas for improvement in the quality of investigations of child abuse and neglect. Sets forth the composition of the workgroup. Requires the Department to provide to the workgroup, upon request, all records and information in the Department's possession relevant to the workgroup's review of reports of abuse or neglect made to the Department's State-wide toll free telephone number, and relevant to the workgroup's review of investigations of allegations of abuse or neglect of children or adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969, transitional living programs, or unlicensed foster homes. Requires the workgroup to review indicated and unfounded reports of child abuse or neglect. Provides that meetings of the workgroup shall be closed to the public and are not subject to the Open Meetings Act; and that records and information provided to the workgroup and records maintained by the workgroup are confidential and are not subject to the Freedom of Information Act. Contains provisions concerning reporting requirements for both the workgroup and the Department.
LRB099 10388 KTG 30615 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1762 LRB099 10388 KTG 30615 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Open Meetings Act is amended by changing
Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering, whether in person or by
video or audio conference, telephone call, electronic means
(such as, without limitation, electronic mail, electronic
chat, and instant messaging), or other means of contemporaneous
interactive communication, of a majority of a quorum of the
members of a public body held for the purpose of discussing
public business or, for a 5-member public body, a quorum of the
members of a public body held for the purpose of discussing
public business.
Accordingly, for a 5-member public body, 3 members of the
body constitute a quorum and the affirmative vote of 3 members
is necessary to adopt any motion, resolution, or ordinance,
unless a greater number is otherwise required.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school

SB1762 - 2 - LRB099 10388 KTG 30615 b
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported in
whole or in part by tax revenue, or which expend tax revenue,
except the General Assembly and committees or commissions
thereof. "Public body" includes tourism boards and convention
or civic center boards located in counties that are contiguous
to the Mississippi River with populations of more than 250,000
but less than 300,000. "Public body" includes the Health
Facilities and Services Review Board. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, an ethics commission acting under the
State Officials and Employees Ethics Act, a regional youth
advisory board or the Statewide Youth Advisory Board
established under the Department of Children and Family
Services Statewide Youth Advisory Board Act, the Department of
Children and Family Services' Child Care Facility
Investigation Workgroup established under Section 7.3d of the
Abused and Neglected Child Reporting Act, or the Illinois
Independent Tax Tribunal.
(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
Section 5. The Freedom of Information Act is amended by
changing Section 2 as follows:

SB1762 - 3 - LRB099 10388 KTG 30615 b
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, or a regional youth advisory board or
the Statewide Youth Advisory Board established under the
Department of Children and Family Services Statewide Youth
Advisory Board Act, or the Department of Children and Family
Services' Child Care Facility Investigation Workgroup
established under Section 7.3d of the Abused and Neglected
Child Reporting Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,

SB1762 - 4 - LRB099 10388 KTG 30615 b
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical form
or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or
under the control of any public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers, and
personal email addresses. Private information also includes
home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
(c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or
advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
to be made for a "commercial purpose" when the principal
purpose of the request is (i) to access and disseminate
information concerning news and current or passing events, (ii)
for articles of opinion or features of interest to the public,

SB1762 - 5 - LRB099 10388 KTG 30615 b
or (iii) for the purpose of academic, scientific, or public
research or education.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body
(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a minimum
of 7 requests for records within a 7-day period. For purposes
of this definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered

SB1762 - 6 - LRB099 10388 KTG 30615 b
in calculating the number of requests made in the time periods
in this definition when the principal purpose of the requests
is (i) to access and disseminate information concerning news
and current or passing events, (ii) for articles of opinion or
features of interest to the public, or (iii) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(h) "Voluminous request" means a request that: (i) includes
more than 5 individual requests for more than 5 different
categories of records or a combination of individual requests
that total requests for more than 5 different categories of
records in a period of 20 business days; or (ii) requires the
compilation of more than 500 letter or legal-sized pages of
public records unless a single requested record exceeds 500
pages. "Single requested record" may include, but is not
limited to, one report, form, e-mail, letter, memorandum, book,
map, microfilm, tape, or recording.
"Voluminous request" does not include a request made by
news media and non-profit, scientific, or academic
organizations if the principal purpose of the request is: (1)

SB1762 - 7 - LRB099 10388 KTG 30615 b
to access and disseminate information concerning news and
current or passing events; (2) for articles of opinion or
features of interest to the public; or (3) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (h), "request" means a
written document, or oral request, if the public body chooses
to honor oral requests, that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record or records the requester seeks. One
request may identify multiple individual records to be
inspected or copied.
(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;
98-1129, eff. 12-3-14; revised 12-19-14.)
Section 10. The Abused and Neglected Child Reporting Act is
amended by adding Section 7.3d as follows:
(325 ILCS 5/7.3d new)
Sec. 7.3d. Child care facility investigation workgroup.
(a) Legislative findings. The Department is charged with
the responsibility of investigating reports of abuse and
neglect of children and adult residents who are in child care
facilities statewide. Children in the care of the Department
who are placed in child care facilities licensed by the
Department, transitional living programs, or unlicensed foster

SB1762 - 8 - LRB099 10388 KTG 30615 b
homes are particularly vulnerable to abuse and neglect. The
safety and well-being of the children of this State depends in
part on the quality of investigations of allegations of abuse
or neglect in these living environments.
(b) Workgroup. On or before January 1, 2016, the Department
shall convene a multi-disciplinary child care facility
investigation workgroup to identify areas for improvement in
the quality of investigations of allegations of child abuse or
neglect. The workgroup shall consist of at least one member
from each of the following categories:
(1) A representative of the Department, including at
least one individual who is familiar with existing rules,
procedures, and policies of the Department related to
investigations of child abuse or neglect.
(2) A representative of a child advocacy organization.
(3) A representative of a parent advocacy
organization.
(4) A representative of a child welfare agency
specializing in foster care.
(5) A representative of the Multidisciplinary
Pediatric Education and Evaluation Consortium.
(6) A representative of a child welfare agency
specializing in residential treatment.
(7) A licensed mental health professional who has
experience in working with abused and neglected children.
(c) Records and information. The Department shall provide

SB1762 - 9 - LRB099 10388 KTG 30615 b
to the workgroup, upon request, all records and information in
the Department's possession relevant to the workgroup's review
of reports of abuse or neglect made to the Department's
State-wide, toll free telephone number established under
Section 7.6, and relevant to the workgroup's review of
investigations of allegations of abuse or neglect of children
or adult residents who are in child care facilities licensed by
the Department under the Child Care Act of 1969, transitional
living programs, or unlicensed foster homes.
(d) Review of indicated and unfounded reports. The
workgroup shall review randomly selected samples of indicated
and unfounded reports, including investigations of allegations
of abuse or neglect of children or adult residents who are in
child care facilities licensed by the Department under the
Child Care Act of 1969, transitional living programs, or
unlicensed foster homes. The workgroup shall also review a
random sample of records of calls made to the Department's
State-wide, toll free telephone number established under
Section 7.6 where investigations were not initiated, including
those referred to licensing or taken for information only.
(e) Confidentiality.
(1) Meetings of the workgroup shall be closed to the
public and are not subject to the Open Meetings Act, as
provided in that Act.
(2) Records and information provided to the workgroup
and records maintained by the workgroup are confidential

SB1762 - 10 - LRB099 10388 KTG 30615 b
and are not subject to the Freedom of Information Act, as
provided in that Act.
(3) All reports and recommendations of the workgroup
shall be written in a manner that protects the
confidentiality of all persons referenced in any documents
reviewed.
(f) Report. The workgroup shall prepare and provide a
report to the General Assembly no later than January 1, 2017.
The report shall:
(1) identify areas of needed improvement in the manner
and quality of investigations of allegations of abuse or
neglect of children or adult residents who are in child
care facilities licensed by the Department under the Child
Care Act of 1969, transitional living programs, or
unlicensed foster homes;
(2) make recommendations regarding needed amendments
to existing laws and rules and procedures of the Department
to improve the manner and quality of investigations of
allegations of abuse or neglect of children or adult
residents who are in child care facilities licensed by the
Department under the Child Care Act of 1969, transitional
living programs, or unlicensed foster homes.
(g) Implementation. No later than March 1, 2017, the
Department shall implement the workgroup's recommendations, as
feasible and appropriate, and shall submit a written report to
the General Assembly that explains the Department's decision to

SB1762 - 11 - LRB099 10388 KTG 30615 b
implement or to not implement each of the workgroup's
recommendations.