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91_SB1111enr
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1 AN ACT concerning agency committee membership.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 8.01 as follows:
6 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
7 Sec. 8.01. Coordinating Committee; members. The
8 Coordinating Committee of State Agencies Serving Older
9 Persons shall consist of the Director of the Department on
10 Aging or his or her designee as Chairman, the State
11 Superintendent of Education or his or her designee, the
12 Secretary of Human Services or his or her designee, the
13 Secretary of Transportation or his or her designee, and the
14 Directors, or the designee or designees of any or all of the
15 Directors, of the following Departments or agencies: Labor;
16 Veterans' Affairs; Public Health; Public Aid; Children and
17 Family Services; Commerce and Community Affairs; Insurance;
18 Revenue; Illinois Housing Development Authority; and
19 Comprehensive State Health Planning.
20 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97;
21 90-609, eff. 6-30-98.)
22 Section 10. The Children and Family Services Act is
23 amended by changing Section 21 as follows:
24 (20 ILCS 505/21) (from Ch. 23, par. 5021)
25 Sec. 21. Investigative powers; training.
26 (a) To make such investigations as it may deem necessary
27 to the performance of its duties.
28 (b) In the course of any such investigation any
29 qualified person authorized by the Director may administer
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1 oaths and secure by its subpoena both the attendance and
2 testimony of witnesses and the production of books and papers
3 relevant to such investigation. Any person who is served with
4 a subpoena by the Department to appear and testify or to
5 produce books and papers, in the course of an investigation
6 authorized by law, and who refuses or neglects to appear, or
7 to testify, or to produce books and papers relevant to such
8 investigation, as commanded in such subpoena, shall be guilty
9 of a Class B misdemeanor. The fees of witnesses for
10 attendance and travel shall be the same as the fees of
11 witnesses before the circuit courts of this State. Any
12 circuit court of this State, upon application of the
13 Department, may compel the attendance of witnesses, the
14 production of books and papers, and giving of testimony
15 before the Department or before any authorized officer or
16 employee thereof, by an attachment for contempt or otherwise,
17 in the same manner as production of evidence may be compelled
18 before such court. Every person who, having taken an oath or
19 made affirmation before the Department or any authorized
20 officer or employee thereof, shall willfully swear or affirm
21 falsely, shall be guilty of perjury and upon conviction shall
22 be punished accordingly.
23 (c) Investigations initiated under this Section shall
24 provide individuals due process of law, including the right
25 to a hearing, to cross-examine witnesses, to obtain relevant
26 documents, and to present evidence. Administrative findings
27 shall be subject to the provisions of the Administrative
28 Review Law.
29 (d) Beginning July 1, 1988, any child protective
30 investigator or supervisor or child welfare specialist or
31 supervisor employed by the Department on the effective date
32 of this amendatory Act of 1987 shall have completed a
33 training program which shall be instituted by the Department.
34 The training program shall include, but not be limited to,
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1 the following: (1) training in the detection of symptoms of
2 child neglect and drug abuse; (2) specialized training for
3 dealing with families and children of drug abusers; and (3)
4 specific training in child development, family dynamics and
5 interview techniques. Such program shall conform to the
6 criteria and curriculum developed under Section 4 of the
7 Child Protective Investigator and Child Welfare Specialist
8 Certification Act of 1987. Failure to complete such training
9 due to lack of opportunity provided by the Department shall
10 in no way be grounds for any disciplinary or other action
11 against an investigator or a specialist.
12 The Department shall develop a continuous inservice staff
13 development program and evaluation system. Each child
14 protective investigator and supervisor and child welfare
15 specialist and supervisor shall participate in such program
16 and evaluation and shall complete a minimum of 20 hours of
17 inservice education and training every 2 years in order to
18 maintain certification.
19 Any child protective investigator or child protective
20 supervisor, or child welfare specialist or child welfare
21 specialist supervisor hired by the Department who begins his
22 actual employment after the effective date of this amendatory
23 Act of 1987, shall be certified pursuant to the Child
24 Protective Investigator and Child Welfare Specialist
25 Certification Act of 1987 before he begins such employment.
26 Nothing in this Act shall replace or diminish the rights of
27 employees under the Illinois Public Labor Relations Act, as
28 amended, or the National Labor Relations Act. In the event of
29 any conflict between either of those Acts, or any collective
30 bargaining agreement negotiated thereunder, and the
31 provisions of subsections (d) and (e), the former shall
32 prevail and control.
33 (e) The Department shall develop and implement the
34 following:
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1 (1) A standardized child endangerment risk
2 assessment protocol.
3 (2) Related training procedures.
4 (3) A standardized method for demonstration of
5 proficiency in application of the protocol.
6 (4) An evaluation of the reliability and validity
7 of the protocol.
8 All child protective investigators and supervisors and child
9 welfare specialists and supervisors employed by the
10 Department or its contractors shall be required, subsequent
11 to the availability of training under this Act, to
12 demonstrate proficiency in application of the protocol
13 previous to being permitted to make decisions about the
14 degree of risk posed to children for whom they are
15 responsible. The Department shall establish a
16 multi-disciplinary advisory committee composed of not more
17 than 15 members appointed by the Director, including but not
18 limited to representatives from the fields of child
19 development, domestic violence, family systems, juvenile
20 justice, law enforcement, health care, mental health,
21 substance abuse, and social service to advise the Department
22 and its related contractors in the development and
23 implementation of the child endangerment risk assessment
24 protocol, related training, method for demonstration of
25 proficiency in application of the protocol, and evaluation of
26 the reliability and validity of the protocol. The Department
27 shall develop the protocol, training curriculum, method for
28 demonstration of proficiency in application of the protocol
29 and method for evaluation of the reliability and validity of
30 the protocol by July 1, 1995. Training and demonstration of
31 proficiency in application of the child endangerment risk
32 assessment protocol for all child protective investigators
33 and supervisors and child welfare specialists and supervisors
34 shall be completed as soon as practicable, but no later than
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1 January 1, 1996. The Department shall submit to the General
2 Assembly on or before May 1, 1996, and every year thereafter,
3 an annual report on the evaluation of the reliability and
4 validity of the child endangerment risk assessment protocol.
5 The Department shall contract with a not for profit
6 organization with demonstrated expertise in the field of
7 child endangerment risk assessment to assist in the
8 development and implementation of the child endangerment risk
9 assessment protocol, related training, method for
10 demonstration of proficiency in application of the protocol,
11 and evaluation of the reliability and validity of the
12 protocol.
13 (Source: P.A. 90-655, eff. 7-30-98.)
14 Section 15. The Critical Health Problems and
15 Comprehensive Health Education Act is amended by changing
16 Section 5 as follows:
17 (105 ILCS 110/5) (from Ch. 122, par. 865)
18 Sec. 5. Advisory Committee. An advisory committee
19 consisting of 11 members is hereby established as follows:
20 the Director of Public Health or his or her designee, the
21 Secretary of Human Services or his or her designee, and an
22 additional person representing the Department of Human
23 Services designated by the Secretary, the Director of
24 Children and Family Services or his or her designee, the
25 Chairman of the Illinois Joint Committee on School Health or
26 his or her designee, and 6 members to be appointed by the
27 State Board of Education to be chosen, insofar as is
28 possible, from the following groups: colleges and
29 universities, voluntary health agencies, medicine, dentistry,
30 professional health associations, teachers, administrators,
31 members of local boards of education, and lay citizens. The
32 original public members shall, upon their appointment, serve
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1 until July 1, 1973, and, thereafter, new appointments of
2 public members shall be made in like manner and such members
3 shall serve for 4 year terms commencing on July 1, 1973, and
4 until their successors are appointed and qualified. Vacancies
5 in the terms of public members shall be filled in like manner
6 as original appointments for the balance of the unexpired
7 terms. The members of the advisory committee shall receive no
8 compensation but shall be reimbursed for actual and necessary
9 expenses incurred in the performance of their duties. Such
10 committee shall select a chairman and establish rules and
11 procedures for its proceedings not inconsistent with the
12 provisions of this Act. Such committee shall advise the State
13 Board of Education on all matters relating to the
14 implementation of the provisions of this Act. They shall
15 assist in presenting advice and interpretation concerning a
16 comprehensive health education program to the Illinois
17 public, especially as related to critical health problems.
18 They shall also assist in establishing a sound understanding
19 and sympathetic relationship between such comprehensive
20 health education program and the public health, welfare and
21 educational programs of other agencies in the community.
22 (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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