PART 428 DEPARTMENT ADVISORY GROUPS : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER f: GENERAL ADMINISTRATION
PART 428 DEPARTMENT ADVISORY GROUPS


AUTHORITY: Implementing and authorized by Sections 5, 17a-1 and 17a-9 of the Children and Family Services Act [20 ILCS 505/5, 17a-1, 17a-9]; Section 11.7 of the Abused and Neglected Child Reporting Act [325 ILCS 5/11.7]; Section 18.3a(f) of the Adoption Act [750 ILCS 50/18.3a(f)]; Sections 11.1 through 12 of the Illinois Purchasing Act [30 ILCS 505/11.1 through 12]; and Sections 6.15 and 8 of the Civil Administrative Code of Illinois [20 ILCS 5/6.15 and 8].

SOURCE: Adopted and codified at 5 Ill. Reg. 7789, effective August 3, 1981; amended at 7 Ill. Reg. 10578, effective September 1, 1983; recodified at 17 Ill. Reg. 21894; amended at 19 Ill. Reg. 1043, effective January 20, 1995; amended at 21 Ill. Reg. 15474, effective December 15, 1997; amended at 28 Ill. Reg. 15464, effective November 30, 2004.

 

Section 428.10  Purpose

 

This Part describes:

 

a)         those committees established by State law or by this Part to advise the Department and to provide a forum for exchange between government and community and to encourage long term development and maintenance of systems of social services which are effective, efficient and humane; and

 

b)         the Illinois Juvenile Justice Commission, created by State law to supervise the administration of the juvenile justice program in Illinois and perform other functions; and

 

c)         regional youth planning committees, created by State law, to advise the Department in the development and maintenance of more comprehensive and integrated community-based youth services.

 

(Source:  Amended at 19 Ill. Reg. 1043, effective January 20, 1995)

 

Section 428.20  Definitions

 

"Advisory group", as used in this Part, means a council, commission, committee or task force created by statute, executive order, or administrative action of the Director of the Department that, among its functions, provides advice and counsel to the Department regarding its programs and services or monitors Department operations.  Such advisory groups may be composed entirely or partially of persons other than Department personnel.

 

"Confidential intermediary" means a person who, by order of an Illinois court, is given access to various adoption related records and other confidential information not generally available to the public in order to identify and locate birth relatives of the petitioner.  If the sought after relative is located, the confidential intermediary facilitates the mutually desired communication or contact as provided by statute while maintaining the confidentiality of all parties.

 

"Conflict of interest", as used in this Part, means an individual uses his or her official position for private gain (other than salary), gives preferential treatment to any entity or person in the conduct of official duties because of personal interest, impedes or adversely affects governmental efficiency or economy because of personal interest, fails to act impartially in the conduct of official duties because of personal interest, or engages in conduct that could adversely affect the confidence of the public in the integrity of the Department of Children and Family Services.  The term also means that the circumstances are such that a reasonable person might conclude that an individual's judgement could be influenced by the nature of the circumstances or the individuals involved.  Conflicts of interest may be actual or potential.

 

"Direct financial interest" means any type of monetary gain from a Department-funded program, such as that acquired by salaried staff of Department-funded agencies, or Department staff.

 

"Geographic regions" means those groupings of counties designated by the Director for administration of Department programs.

 

(Source:  Amended at 28 Ill. Reg. 15464, effective November 30, 2004)

 

Section 428.30  Children and Family Services Advisory Council

 

a)         In accordance with Section 6.15 of the Civil Administrative Code of Illinois [20 ILCS 5/6.15], there shall be a Children and Family Services Advisory Council to advise the Department with respect to its services and programs for children and adults under its care.

 

b)         There shall be seventeen members, one of whom shall be a senior citizen age 60 or over, appointed by the Governor, each appointed to a four year term. The terms of one-half of the Council shall expire every two years on the third Monday in January in odd numbered years.  The Director shall make reasonable efforts to ensure that the membership of the Council is culturally diverse, representative of the population of the State, and geographically representative of the Department's administrative regions. Members shall continue to serve until their successors are appointed and qualified.

 

c)         A chairperson and vice chairperson shall be elected by the Council from among its members for a term of one year beginning July 1 of each year. An officer shall be eligible for re-election to the same office held for no more than two consecutive terms.

 

d)         Notice of meetings and agendas of regular and special meetings shall, in addition to those required in Section 428.130, be sent to the Governor at least seven days prior to a scheduled meeting of the Council.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.35  One Church, One Child Advisory Board

 

a)         In accordance with Section 7.1 of the Children and Family Services Act [20 ILCS 505/7.1], there shall be a One Church, One Child Advisory Board to advise the Department in the placement of children by encouraging black churches to help find permanent homes for black children waiting to be adopted.

 

b)         There shall be twenty-five members appointed by the Governor, with at least one member representing each region of the State as determined by the Department.

 

(Source:  Added at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.40  State Advisory Committee on Day Care (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.50  Child Welfare Advisory Committee

 

a)         There shall be a Child Welfare Advisory Committee to advise the Department on programmatic and budgetary matters related to the provision or purchase of child welfare services.

 

b)         There shall be twenty-five members appointed by the Director of the Department.  At least twenty of the members shall be appointed from representatives of the voluntary (not-for-profit) sector of child welfare service providers and the remaining members shall include individuals with training and/or knowledge related to child welfare services.  The terms of appointments shall be for three years and expire on January 1.  Members shall continue to serve until their successors are appointed.

 

c)         A chairperson and vice chairperson shall be appointed by the Director from the members of the Committee.  A staff member from the Department shall be appointed by the Director to help carry out the functions of the Committee.

 

(Source:  Added at 19 Ill. Reg. 1043, effective January 20, 1995)

 

Section 428.60  Statewide Citizens Committee on Child Abuse and Neglect

 

a)         In accordance with Section 11.7 of the Abused and Neglected Child Reporting Act [325 ILCS 5/11.7], there shall be a Statewide Citizens' Committee on Child Abuse and Neglect to advise the Director on setting priorities for the administration of child abuse prevention, shelters and service programs, and to advise the Director on policies and procedures with respect to the medical neglect of newborns and infants.

 

b)         There shall be twenty-five members appointed by the Director of the Department, each serving for a term of three years.  The terms of one-third of the Committee membership shall expire every year on the 30th days of June.  Members shall continue to serve until their successors are appointed.  No more than 20% of the membership may have a direct financial interest in any Department funded program.

 

c)         A chairperson and vice chairperson shall be appointed by the Director of the Department from among its members for a term of one year beginning July 1 of each year.  An officer shall be eligible for reappointment to the same office held for no more than two consecutive terms.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.65  Statewide Foster Care Advisory Council

 

a)         In accordance with the Statewide Foster Care Advisory Council Law [20 ILCS 525/5-5], there shall be a Statewide Foster Care Advisory Council to advise the Department with respect to all matters involving or affecting the provision of foster care to abused, neglected, or dependent children and their families.

 

b)         There shall be 22 members appointed by the Director, each serving for a term of three years.  To the extent possible, appointments of members shall be such that the terms of one-third of the members in each category described in subsection (d) below expire every year on June 30th. Further, the Director shall make reasonable efforts to ensure that the membership of the Council is culturally diverse, representative of the population of the State, and geographically representative of the Department's administrative regions.

 

c)         Membership of the Council shall consist of 2 foster parents each from the Department's southern and northern regions; 3 foster parents from the Department's central region, and 2 foster parents from each of the Department's Cook County regions (including the current President of the Cook County Foster Parent Advisory Committee); 2 foster parents representing the Child Welfare Advisory Committee (with at least one residing in Cook County); 2 foster care professionals representing the Child Welfare Advisory Committee who represent agencies with whom the Department contracts for foster care services; the current President of the Illinois Foster Parent Association and 4 other non-Department persons recognized for expertise regarding foster care who shall be selected and appointed by the Director of the Department.  (Section 5-10 of the Statewide Foster Care Advisory Council Law [20 ILCS 525/5-10])

 

d)         Each member shall be appointed for a term of 3 years.  No member shall be appointed to more than 2 terms.  Members shall continue to serve until their successors are appointed. This provision notwithstanding, the President of the Illinois Foster Parent Association and the President of the Cook County Foster Parent Association may serve as long as they hold office.

 

e)         A chairperson and vice chairperson shall be elected by the Council from among its members for a term of one year at a meeting prior to July 1st of each year with those officers assuming the duties of their offices on the first day of July each year. Any officer of the Council shall be eligible for consecutive election to the office held for no more than 2 consecutive one year terms. Further, the immediate past chairperson shall serve as a consultant to the Council for one year.  (Section 5-15 of the Statewide Foster Care Advisory Council Law [20 ILCS 525/5-15])

 

(Source:  Added at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.70  Illinois Juvenile Justice Commission (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.75  African-American Family Commission

 

a)         There shall be an African-American Family Commission to advocate and promote family preservation and community advancement by developing and recommending to the Department culturally specific child welfare policies and practices that will strengthen African-American families and communities.

 

b)         There shall be thirty members appointed by the Governor, each serving for a term of two years.  Members shall be selected on a statewide basis but shall be predominately (85 percent) residents of Cook County.  Members shall have a working knowledge of the child welfare system in Illinois, shall be representative of a variety of human service and related disciplines, and shall be representative of a partnership and collaborative effort between child welfare agencies, community based agencies and organizations and leadership from the public/private sector and the community.  The Director shall serve as an ex-officio member of the Commission.

 

c)         The chairperson(s) shall be appointed by the Governor from among the members of the Commission.

 

(Source:  Added at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.80  Regional Advisory Committees

 

a)         There shall be regional advisory committees within each geographic region as designated by the Director of the Department to provide forums for exchange between government and community and to encourage long term development and maintenance of regional systems for services which are effective, efficient and humane.

 

b)         There shall be twenty members appointed by the Director to each committee in consultation with the regional administrator, each member serving for a term of three years.  The terms of one-third of each Committee membership shall expire every year on the 30th day of June. Members shall continue to serve until their successors are appointed.  No more than 20% of each membership may have a direct financial interest in any Department funded program.

 

c)         A chairperson and vice chairperson shall be elected by the Committee from among its members for a term of one year beginning July 1 of each year.  An officer shall be eligible for re-election to the same office held for no more than two consecutive terms.

 

(Source:  Section repealed, new Section adopted at 7 Ill. Reg. 10578, effective September 1, 1983)

 

Section 428.85   Confidential Intermediary Council

 

There shall be established under the Department of Children and Family Services a Confidential Intermediary Advisory Council.  One member shall be an attorney representing the Attorney General's Office appointed by the Attorney General.  One member shall be a currently certified confidential intermediary appointed by the Director of the Department of Children and Family Services.  The Director shall also appoint 5 additional members.  When making those appointments, the Director shall consider advocates for adopted persons, adoptive parents, birth parents, lawyers who represent clients in private adoptions, lawyers specializing in privacy law, and representatives of agencies involved in adoptions.  The Director shall appoint one of the 7 members as the chairperson.  An attorney from the Department of Children and Family Services and the person directly responsible for administering the confidential intermediary program shall serve as ex-officio, non-voting advisors to the Council.  Council members shall serve at the discretion of the Director and shall receive no compensation other than reasonable expenses approved by the Director.  The Council shall meet no less than twice yearly and shall make recommendations to the Director regarding the development of rules, procedures, and forms that will ensure efficient and effective operation of the confidential intermediary process, including:

 

a)         Standards of certification for confidential intermediaries.

 

b)         Oversight of methods used to verify that intermediaries are complying with the appropriate laws.

 

c)         Training for confidential intermediaries, including training with respect to federal and State privacy laws.

 

d)         The relationship between confidential intermediaries and the court system, including the development of sample orders defining the scope of the intermediaries' access to information.

 

e)         Any recent violations of policy or procedures by confidential intermediaries and remedial steps, including decertification, to prevent future violations.  [750 ILCS 50/18.3a(f)]

 

(Source:  Added at 28 Ill. Reg. 15464, effective November 30, 2004)

 

Section 428.90  Regional Youth Planning Committees  (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.95  Other Advisory Groups

 

In addition to the advisory groups named in this Part, the Director may appoint other advisory groups to advise him or her regarding Department programs and services or to comply with statutes or executive orders. Unless otherwise provided by law, such bodies shall comply with Sections 428.160 (Quorum), 428.170 (Compensation), 428.175 (Conflict of Interest) and 428.180 (Minutes) of this Part.  The Director may require compliance with other provisions of this Part in creating such bodies.

 

(Source:  Added at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.100  Liaisons to the Department's Advisory Council

 

The chairpersons of each advisory group designated by the Director shall be designated liaisons to the Children and Family Services Advisory Council and shall meet, as a group, with the Council at least once each year at the call of the chairperson of the Council.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.110  Rules of Procedure

 

Each advisory group shall operate under the Rules of Procedure approved by a majority of its membership.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.120  Organization

 

Each advisory group shall organize itself into committees and/or sub-committees for the purpose of carrying out the goals, objectives and strategies determined by the membership.  Inter-committee joint task forces may be formed to carry out specific tasks so assigned by the Director or so agreed upon by the respective memberships.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.130  Regular and Special Meetings

 

Regular meetings of each advisory group shall be held at least quarterly.  A schedule of meetings shall be developed by the chairperson for the calendar year, after consultation with the membership and the staff person designated by the Director of the Department.   Special meetings of advisory groups may be called by the chairperson or a majority of the members appointed.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.140  Notice of Meetings and Agendas

 

Notice of meetings and agendas of regular and special meetings shall be prepared and distributed to the members of the advisory group and the Director of the Department at least seven days prior to a scheduled meeting.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.150  Compliance with the Open Meetings Act

 

All meetings of the Statewide Foster Care Advisory Council shall be held in compliance with notice and other requirements of the Illinois Open Meetings Act [5 ILCS 120].

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.160  Quorum

 

A quorum at any regular or special meeting of an advisory group shall be necessary to transact business.  A majority of the advisory group members then holding office must be present at the initial roll call at the commencement of any regular or special meeting and they shall constitute a quorum.  The necessary quorum for conducting business of the advisory group shall be determined by a majority of each membership and included in the Rules of Procedure for each body.  For the purpose of election of officers, the necessary quorum shall be a majority of the duly appointed members.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.170  Compensation

 

Members of the Department advisory groups shall serve without compensation except that they may be reimbursed for travel and per diem expenses necessary in connection with meetings and business, in accordance with Illinois Department of Central Management Services rules, as approved by the Governor's Travel Control Board.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.175  Conflict of Interest

 

a)         No member of a Department advisory group shall solicit or accept gratuities, favors or anything of monetary value in exchange for serving on a body advisory to the Department.  Nor shall such members receive preferential treatment in regard to Department services. Nominal tokens of appreciation (such as meals, floral arrangements, plaques, certificates and or similar items) presented in conjunction with meetings shall not be considered a violation of this provision.  The value of the token(s) accepted at a single event shall not exceed $50.

 

b)         No member of a Department advisory group shall participate in the selection, award or administration of a grant or contract in which the member, a member of his or her immediate family or business partner or associate has a financial interest or which might present a conflict of interest as defined by Section 428.20.

 

c)         Any advisory group member having a financial interest in a matter under consideration shall make a full disclosure of that interest and shall abstain from discussion, advising or voting on the matter that gave rise to the conflict.

 

d)         Failure of an advisory group member to disclose a conflict of interest may result in removal from the Council, committee or task force and/or review of the process or decision in which the member participated.

 

e)         The chairperson or other presiding officer shall refer the following situations to the Department Office of Internal Audits for a review or opinion:

 

1)         A Council, committee or task force member has an association with a grant or contract in a manner that could be considered a conflict of interest in accordance with this Part; or

 

2)         A Council, committee, or task force member appears to have solicited or accepted gratuities, favors or something of value other than the token(s) authorized by this Section in exchange for serving on a body advisory to the Department.

 

(Source:  Added at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.180  Minutes

 

Minutes shall be kept of the transactions of each advisory group and those minutes shall be public records filed with the Director of the Department.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)

 

Section 428.190  Staffing

 

The Director shall designate a staff person and clerical support for each advisory group to maintain records, prepare notices and agendas for each meeting and otherwise carry out the functions of the group.

 

(Source:  Amended at 21 Ill. Reg. 15474, effective December 15, 1997)