Public Act 098-0830
 
SB2909 EnrolledLRB098 16977 KTG 52059 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 21 as follows:
 



    (20 ILCS 505/21)  (from Ch. 23, par. 5021)



    Sec. 21. Investigative powers; training. 

    (a) To make such investigations as it may deem necessary to 
the
performance of its duties.

    (b) In the course of any such investigation any
qualified 
person authorized by the Director may administer oaths and 
secure
by its subpoena both the attendance and testimony of 
witnesses and the
production of books and papers relevant to 
such investigation. Any person
who is served with a subpoena by 
the Department to appear and testify or to
produce books and 
papers, in the course of an investigation authorized by
law, 
and who refuses or neglects to appear, or to testify, or to 
produce
books and papers relevant to such investigation, as 
commanded in such
subpoena, shall be guilty of a Class B 
misdemeanor. The fees of witnesses
for attendance and travel 
shall be the same as the fees of witnesses before
the circuit 
courts of this State. Any circuit court of this State, upon

application of the person requesting the hearing or the 
Department, may
compel the attendance of witnesses, the

production of books and papers, and giving of testimony
before 
the Department or before any authorized officer or employee 
thereof,
by an attachment for contempt or otherwise, in the 
same manner as
production of evidence may be compelled before 
such court. Every person
who, having taken an oath or made 
affirmation before the Department or any
authorized officer or 
employee thereof, shall willfully swear or affirm
falsely, 
shall be guilty of perjury and upon conviction shall be 
punished
accordingly.

    (c) Investigations initiated under this Section shall 
provide
individuals due process of law, including the right to 
a hearing, to
cross-examine witnesses, to obtain relevant 
documents, and to present
evidence. Administrative findings 
shall be subject to the provisions of the
Administrative Review 
Law.

    (d) Beginning July 1, 1988, any child protective 
investigator or
supervisor or child welfare specialist or 
supervisor employed by the
Department on the
effective date of 
this amendatory Act of 1987
shall have completed a training 
program which shall be instituted by the
Department. The

training program shall include, but not be limited to, the 
following: (1)
training in the detection of symptoms of child 
neglect and drug abuse; (2)
specialized training for dealing 
with families and children of drug
abusers; and (3) specific 
training in child development, family dynamics
and interview 
techniques. Such program shall conform to the criteria and

curriculum developed under Section 4 of the Child Protective 
Investigator
and Child Welfare Specialist Certification
Act of 
1987. Failure to complete such training due to lack of

opportunity provided by the Department shall in no way be 
grounds for any
disciplinary or other action against an 
investigator or a specialist.

    The Department shall develop a continuous inservice staff 
development
program and evaluation system.  Each child 
protective investigator and
supervisor and child welfare 
specialist and supervisor shall participate in
such program and 
evaluation and shall complete a minimum of 20 hours of

inservice education and training every 2 years in order to 
maintain certification.

    Any child protective investigator or child protective 
supervisor,
or child welfare specialist or child welfare 
specialist supervisor
hired by
the Department who begins his

actual
employment after the effective date of this amendatory 
Act of 1987, shall
be certified
pursuant
to the Child 
Protective Investigator and Child Welfare Specialist

Certification Act of 1987 before he
begins such employment. 
Nothing in this Act shall replace or diminish the
rights of 
employees under the Illinois Public Labor Relations Act, as

amended, or the National Labor Relations Act. In the event of 
any conflict
between either of those Acts, or any collective

bargaining agreement negotiated thereunder, and the provisions 
of subsections
(d) and (e), the former shall prevail and 
control.

    (e) The Department shall develop and implement the 
following:


        (1) A
standardized child endangerment risk assessment 
    protocol.


        (2) Related training
procedures.


        (3) A standardized method for demonstration of

    proficiency in
application of the protocol.


        (4) An evaluation of the reliability and
validity of 
    the protocol.

All child protective investigators and supervisors
and child 
welfare specialists and supervisors employed by the Department 
or its
contractors shall be required, subsequent to the 
availability of training under
this Act, to demonstrate 
proficiency in application of the protocol previous to
being 
permitted to make decisions about the degree of risk posed to 
children
for whom they are responsible.  The Department shall 
establish a
multi-disciplinary advisory committee
appointed by 
the Director, including but not limited to representatives from

the fields of child development, domestic violence, family 
systems, juvenile
justice, law enforcement, health care, 
mental health, substance abuse, and
social service to advise 
the Department and its related contractors in the
development 
and implementation of the child
endangerment risk assessment 
protocol, related training, method for
demonstration of 
proficiency in application of the protocol, and evaluation of

the reliability and validity of the protocol.  The Department 
shall develop the
protocol, training curriculum, method for 
demonstration of proficiency in
application of the protocol and 
method for evaluation of the reliability and
validity of the 
protocol by July 1, 1995.  Training and demonstration of

proficiency in application of the child endangerment risk 
assessment protocol
for all child protective investigators and 
supervisors and child welfare
specialists and
supervisors

shall be completed
as soon as practicable, but no later than 
January 1, 1996.  The Department
shall submit
to
the General 
Assembly on or before May 1, 1996, and every year thereafter, 
an
annual report on the evaluation of the reliability and 
validity of the child
endangerment risk assessment protocol.  
The Department shall contract with a
not for profit 
organization with demonstrated expertise in the field of child

endangerment risk assessment to assist in the development and 
implementation of
the child endangerment risk assessment 
protocol, related training, method for
demonstration of 
proficiency in application of the protocol, and evaluation of

the reliability and validity of the protocol.

    (f) The Department shall provide each parent or guardian 
and responsible adult caregiver participating in a safety plan 
a copy of the written safety plan as signed by each parent or 
guardian and responsible adult caregiver and by a 
representative of the Department. The Department shall also 
provide each parent or guardian and responsible adult caregiver 
safety plan information on their rights and responsibilities 
that shall include, but need not be limited to, information on 
how to obtain medical care, emergency phone numbers, and 
information on how to notify schools or day care providers as 
appropriate. The Department's representative shall ensure that 
the safety plan is reviewed and approved by the child 
protection supervisor. 
(Source: P.A. 91-61, eff. 6-30-99; 92-154, eff. 1-1-02.)