Section 428.200  Purpose

Advisory groups offer guidance to the Department and serve as a platform for communication between the government and the community, aiming to enhance safety, permanency, and overall well-being for children and families across Illinois.  This Part outlines the Department's engagement with these advisory groups by establishing general duties and operational standards to be followed by the advisory groups, especially in cases where the enabling authority has not included such provisions.

Section 428.210  Definitions

"Advisory group" means a council, commission, committee, panel, 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. 

"Conflict of interest" 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 judgment could be influenced by the nature of the circumstances, or the individuals involved. Conflicts of interest may be actual or potential.

"Director" means the Director of the Department of Children and Family Services.

"Employee" means:

any person employed full-time, part-time, or pursuant to a contract and whose employment duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed; or

any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including any retirement system or investment board subject to the Illinois Pension Code; or

any other appointee.  [5 ILCS 430/1-5]

"Non-Statutory Advisory Group" means an advisory group established by administrative action of the Director and supported by the Department, without a legislative mandate.  These groups are comprised of various stakeholder and constituent groups, as well as child welfare employees.  Non-statutory advisory groups advise the Director and Department leadership on their areas of expertise, as well as other subject matter related to and impacted by the Child Welfare System in Illinois.

"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.  [5 ILCS 120/1.02].

"Statutory" includes laws created by federal or state legislative bodies.

"Statutory Advisory Group" means an organized and structured advisory group enacted or permitted by law with specific legislative requirements, mandates, and obligations to the Department, Illinois General Assembly, and/or federal Government.  Members of statutory groups are appointed by a governmental authority.

Section 428.220  General Powers and Duties

a)         Unless otherwise defined by statute, advisory groups may exercise the following powers and duties to fulfill Department or legislative requirements, mandates, and obligations:  To consider and study the entire field; to advise the executive officers of the department upon their request; to recommend, on its own initiative, policies and practices, which recommendations the executive officers of the department shall duly consider; and to give advice or make recommendations to the Governor and the General Assembly when so requested or on its own initiative.

b)         To investigate the conduct of the work of the department with which it may be associated, and for this purpose to have access, at any time, to all books, papers, documents, and records pertaining or belonging to that department, and to require written or oral information from any officer or employee of that department.

c)         To adopt rules, not inconsistent with law, for its internal control and management. A copy of the rules shall be filed with the director of the department with which the board is associated.

d)         To hold meetings at the times and places prescribed by the rules but not less frequently than quarterly.

e)         To act by a sub-committee or by a majority of the board if the rules so prescribe.

f)         To keep minutes of the transactions of each session, regular or special, which shall be public records and filed with the director of the department.

g)         To give notice to the Governor and to the director of the department with which it is associated of the time and place of every meeting, regular or special, and to permit the Governor and the director of the department to be present and to be heard upon any matter coming before the board. [20 ILCS 5/5-505]

h)         To allow a committee under the advisory group to present to the full advisory group policy recommendations for a vote of approval when there is a quorum before submission to the Department. The Department shall consider and respond to each policy recommendation submitted by an advisory group.

Section 428.230  Types of Advisory Groups

The Department will maintain an updated list of all the advisory groups on the Department's website, on the "Boards and Advisory Groups" page (https://dcfs.illinois.gov/about-us/impact-public-policy.html). Those groups include:

a)         Statutory Advisory Groups

Statutory advisory groups are those created or required by federal or Illinois law.  The enabling statute for each group will identify the purpose of the advisory group, specify the process for the appointment of members and leadership, and how frequently the group meets.

b)         Non-statutory Advisory Groups

Non-statutory advisory groups are those not required by Illinois law but are created by the Department. These groups are formed to provide counsel to the Department.  Each group will identify the purpose of the advisory group, outline the process for the appointment of members and leadership, and specify how frequently the group meets in the group's bylaws.

c)         Task Forces and Commissions

Task forces and commissions are established by Executive Order, or by the General Assembly to address specific issues or responsibilities by appointing members to serve on them; often with the authority to make recommendations on policy changes, often culminating in a report or study.  The Department may be named to provide administrative support for task forces or commissions that are not housed under DCFS.  For these groups, DCFS does not have the authority to dictate meetings. Instead, each task force or commission must follow its enabling statute and the Open Meetings Act.

Section 428.240  Bylaws

All advisory groups and their respective members must comply with the laws of the local, State, and federal government.  Statutory advisory groups must comply with the requirements outlined in their respective statutes.

a)         All advisory groups are expected to operate according to the bylaws of the group:

1)         Statutory advisory groups are expected to create bylaws that conform with their enabling statute.

2)         Non-statutory groups are expected to create bylaws that conform with this Part.

b)         All advisory groups are expected to establish a procedure for membership pursuant to their enabling statute, if applicable.

c)         Failure to comply with bylaws or any part of the requirements mentioned in this Part may impact current and future membership to any advisory group.

Section 428.250  Organization

Each advisory group may organize itself into committees and/or sub-committees for the purpose of carrying out the goals, objectives, and strategies to advise the Director.

Section 428.260  Regular and Special Meetings

a)         Statutory advisory groups shall hold regular meetings in accordance with their enabling statute.  If the enabling statute is silent as to the frequency of meetings, statutory advisory groups are encouraged to hold meetings at least quarterly but maintain the discretion to determine the frequency of their meetings.

b)         Non-statutory advisory groups and other advisory groups shall hold regular meetings 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. Special meetings of advisory groups may be called by the chairperson, or a majority of the members appointed.

c)         Task Forces and Commissions shall hold meetings in accordance with their enabling statute.  If the enabling statute is silent as to the frequency of meetings, Task Forces and Commissions are encouraged to hold meetings at least quarterly.

d)         In collaboration with DCFS designated staff and in compliance with the Open Meetings Act [5 ILCS 120] regarding notice of meetings, any committees, subcommittees, or working groups created under advisory groups shall be convened when deemed necessary by a majority of members of that committee, subcommittee, or working group.

Section 428.270  Notice of Meetings and Agendas

Notice of meetings and agendas of regular and special meetings shall be posted at least 48 hours prior to the meeting pursuant to the Open Meetings Act.  [5 ILCS 120/2.02(a)]

Section 428.280  Privacy

a)         Unless otherwise provided by law, the meetings of each advisory group shall be open to the public, including time allotted for public comment, and shall be held in compliance with the requirements of the Illinois Open Meetings Act (OMA) [5 ILCS 120]. When authorized by law, advisory groups might hold closed meetings or go into executive sessions to discuss subjects for which confidentiality is statutorily required.

b)         All records concerning reports of child abuse and neglect or records concerning referrals under this Act and all records generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically authorized by the Abuse and Neglect Child Reporting Act (ANCRA) or other applicable law. [325 ILCS 5/11]. This confidentiality provision applies not only to written records and reports but also to testimony regarding information contained in such reports. See in re Troy S., 745 N.E.2d 109, 112 (3^rd Dist. 2001).

c)         Any disclosure of records, including redactions, will be subject to the requirements of the Freedom of Information Act [5 ILCS 140], the confidentiality, access, and disclosure provisions of ANCRA [325 ILCS 5/11, 5/11.1 and 5/11.1a], and the dispositions of 89 Ill. Adm. Code 431.

Section 428.290  Quorum

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

Section 428.300  Training, Compliance, and Conflict of Interest

a)         In accordance with the Illinois Open Meetings Act [5 ILCS 120]:

1)         All newly appointed members shall complete the OMA training; and

2)         A designated representative of each advisory group shall complete the OMA training annually to ensure that the advisory group is up to date and in compliance with any changes.

b)         All advisory groups shall complete mandatory training in accordance with the State Officials and Employees Ethics Act [5 ILCS 430].

c)         In addition, all advisory group members shall complete the DCFS required annual trainings. 

d)         All advisory group members must comply with the reporting requirements set forth in Article 4A of the Illinois Governmental Ethics Act [5 ILCS 420/Art. 4A], if applicable.

e)         Additionally, all advisory groups and their respective members must comply with applicable Sections of 89 Ill. Adm. Code 437, Employee Ethics & Conflicts of Interest. If an advisory group member believes a conflict of interest may exist, the member is encouraged to send an inquiry to the Conflict of Interest Committee at DCFS.Conflict-of-InterestCommittee@illinois.gov.

Section 428.310  Compensation and Reimbursement

As directed in 20 ILCS 5/5-515, members of the Department's advisory groups shall serve without compensation, unless otherwise outlined in statute, except that members may be reimbursed for travel and per diem expenses necessary in connection with meetings and business, in accordance with the Department of Central Management Services rules, as approved by the Governor's Travel Control Board under 80 Ill. Adm. Code 3000, The Travel Regulation Council.

Section 428.320  Minutes

There shall be minutes prepared for all meetings (including closed meeting sessions). All approved minutes shall be posted on the public-facing website pursuant to the Open Meetings Act and in accordance with the timeline therein.

Section 428.330  Administrative Support

a)         The Department shall designate a Statewide Advisory Board Coordinator.  The Statewide Advisory Board Coordinator is responsible for maintaining records of past and recent membership lists, agendas, meeting minutes, annual reports, and other statutory submissions advisory councils are required to produce.  The Advisory Board Coordinator will serve as the liaison between the Director's Office and the advisory groups.

b)         Unless otherwise outlined in statute, the Director may designate a Department staff to each advisory group to serve as a liaison.  The Department staff liaison will provide administrative support, technical support, and policy guidance to the assigned advisory group. 

1)         No advisory group shall create official content for publication or dissemination on social media or any other channels or mechanisms (e.g., traditional media) on behalf of the Department.  All advisory groups must coordinate with the Department's Office of Communications in the event they are interested in creating social media or media content regarding any matters related to the agency providing the Department's Office of Communications with full access to the social media channels and ensure that all content, including but not limited to, photos, images, videos, and logos, is approved by the Department prior to publication.  The Department may refuse to create a social media outlet. The advisory groups must work with their Department liaisons to draft the content. All official Department content shall be posted on the Department's public-facing website.

2)         No advisory group shall create an email account purporting to represent the Department without the Department's express permission.  To protect the privacy and confidentiality of the sender, the Department shall create the email box through its protected email communication servers. All Department email correspondence will be sent from the official Department email address. Any email account created without the Department's express permission shall include a disclaimer stating that the email account is not an official Department mailbox and should not be used for sending private or confidential information.  Any responses sent from the unauthorized email account shall not be considered an official response from the Department.  The Department does not accept any liability associated with the unauthorized email account.