Section 430.100  OIG Reports

a)         The Inspector General's report to the Director shall be in writing and shall contain recommendations. The OIG may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of either Department or private agency employees or for sanctions against a private agency or foster parent. Individual OIG investigators may not make recommendations for discipline.  All recommendations to pursue discipline must be in writing and must be signed by the Inspector General for consideration by the Director.  Private agencies that are the subject of reports and Department management shall review and assess whether practice and systems issues raised by individual case-based OIG reports may offer guidance in remedying failings in the field.

b)         Reports to the Director

1)         Reports will be shared with the Director within one week after completion.

2)         After a report is submitted to the Director, the Director shall determine whether to accept, reject, or request modification of the recommendations contained in the report.

3)         If a recommendation is not accepted, the Inspector General may delete or modify the recommendation.

4)         When the Director has accepted the recommendations contained in the report, portions of the report shall be provided to the private agency that is the subject of a recommendation and with those involved in the implementation of the recommendation. Those receiving any OIG report may not further distribute the report or any confidential information contained in the report.

c)         The Inspector General and the Director of DCFS may distribute the report to: the private agency or Department office that is currently handling the child or family case; the juvenile court judge before whom the child or family case is pending; or the children's guardian ad litem, to the extent that doing so is relevant to the child's welfare. Those receiving OIG reports pursuant to this subsection (c) may not further disclose the report or any confidential information contained in the report.

1)         Whenever the OIG determines that sharing a report with either the court or the current child welfare agency is necessary, it will notify both the Director and the private agency involved that the report is being disseminated.

2)         Notification is not required where reports are redacted for use as teaching tools, including use as appendices to the OIG Annual Report.

3)         OIG reports disseminated pursuant to this Section, other than those redacted and disseminated as teaching tools, may not be further disseminated without the approval of the Director.

d)         An OIG report that identifies misfeasance, malfeasance or misconduct of a Department employee or private agency employee that is relevant to providing appropriate supervision of the employee may be shared with the Department office or private agency for which the employee works. The employer may not further distribute the OIG report or any confidential information contained in the report.

1)         Recommendations Concerning a Private Agency or Private Agency Employee

A)        When the Director has accepted recommendations concerning a private agency or private agency employee, the Inspector General shall transmit a copy of the report to the executive director of the private agency within 15 days after the date that the recommendations were accepted. If the Director has not accepted recommendations concerning a private agency, the OIG report will not be transmitted to the private agency.

B)        Portions of the report may be redacted to preserve confidentiality.

C)        The Inspector General may arrange a meeting to discuss the recommendations with the executive director, chairman or president, and the board of directors, of any private agency or child care facility that is the subject of an OIG recommendation.

D)        The OIG report may be shared with any employee or private agency that is the subject of a recommendation and those involved in implementation of the recommendations.

2)         Private Agency Response

A)        Within 45 days after receipt of the report, the private agency may submit a written response to the OIG to correct any factual errors in the report.

B)        The Inspector General will consider all documents submitted by the private agency to determine whether a corrected report will be issued.

C)        If the OIG determines that a corrected report is necessary, the corrected report shall be issued within 14 days after receipt of the private agency's written response.

D)        If the OIG does not issue a corrected report, or if the corrected report does not address all issues raised within the written response from the private agency, the private agency may request that the written response, or portions of the response, be appended to the report or corrected report.

e)         OIG reports that are generated from child welfare employee licensure investigations will be submitted to the Child Welfare Employee Licensure Board and will be handled according to 89 Ill. Adm. Code 412.