93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5085


 
Introduced 02/05/04, by Mary E. Flowers
 
SYNOPSIS AS INTRODUCED:
 		















20 ILCS 505/5f new





20 ILCS 505/34.13 new





20 ILCS 505/34.14 new





30 ILCS 500/35-17 new











    Amends the Children and Family Services Act to create the Children's Services
Commission. Provides that the Commission shall recommend ways to more
effectively deliver services provided by the State to children and families, to
promote inter-agency cooperation relating to the delivery of those services, to
more effectively use existing resources, and to eliminate
duplication of efforts. Directs the Commission to make recommendations on the
abolition of existing boards, committees, and commissions and on the
consolidation of the powers and duties of those boards, committees, and
commissions into a single entity.
Creates the Task Force on Accreditation of Services for Children, which shall
develop accreditation standards for foster homes, group homes, community
facilities, and other facilities and a 2-year plan for mandatory accreditation
for those facilities. Requires employees of the Department of Children and
Family Services and independent contractors to possess certain qualifications
before providing direct child welfare services. Amends the Illinois Procurement Code to require prospective contractors for child welfare services to prequalify
with the Department of Children and Family Services.
Effective July 1, 2004.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5085

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1
    AN ACT concerning services for children. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Children and Family Services Act is amended 
5
by adding Sections
5f,
34.13, and 34.14 as follows:


 
6
    (20 ILCS 505/5f new)

7
    Sec. 5f. Qualifications for direct child welfare service 
8
employees.

9
    (a) After July 1, 2004, a person shall not be hired as a 
10
direct child
welfare
service employee or an independent 
11
contractor for direct child welfare services
unless that person 
12
has (i) a master's degree from an accredited or
State-approved 
13
graduate school in social work or social welfare, marriage,

14
family, and child counseling, child psychology, child 
15
development, or child
counseling psychology or (ii) the 
16
equivalent education and experience, as
determined by the 
17
Department.  If a person who is, on the effective date of
this 
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amendatory Act of the 93rd General Assembly, a direct child 
19
welfare service employee or an
independent contractor who 
20
provides direct child welfare services does not
possess the 
21
qualifications required by this Section by July 1, 2007, that

22
person's employment or contract shall be terminated.

23
    (b) In addition to the requirements of subsection (a), 
24
after July 1, 2004, a
person shall not be hired as a direct 
25
child welfare service employee or an
independent contractor for 
26
direct child welfare services unless that person has
all of the 
27
following:

28
        (1) At least 3 semester units or 100 days of field 
29
    practice or
experience at the master's level in a public or 
30
    private social service agency
setting.

31
        (2) At least 9 semester units of course work related to 
32
    children and
families or 18 months experience in working 
 


 






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    with children and families.

2
        (3) At least 3 semester units in working with minority 
3
    populations, 6
months of experience with minority 
4
    populations, or 6 months in-service training
in working 
5
    with minority populations within the first year of 
6
    employment as a
condition of employment.

7
        (4) At least 3 semester units in child welfare or 2 
8
    years of experience
in
a public or private child welfare 
9
    social service setting.

10
    (c) As used in this Section, "direct child welfare service 
11
employee" means a
public or private employee who provides 
12
investigative services, foster care
services, or family 
13
preservation services by or through the Department.


 
14
    (20 ILCS 505/34.13 new)

15
    Sec. 34.13. Children's Services Commission.

16
    (a) There is established within the Department of Children 
17
and Family
Services the Children's Services Commission.  The 
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Commission shall be composed
of the following members:

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        (1) The Director or Deputy Director of:
the Department 
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    of
Children and Family Services, the Department of Public 
21
    Aid, the Department of
State Police, and the Department of 
22
    Public Health; and the Secretary or
Assistant Secretary of 
23
    Human
Services.

24
        (2) The State Superintendent of Education.

25
        (3) One judge of a juvenile court, appointed by the 
26
    Chief Justice of the
Supreme Court.

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        (4) Four members of the House of Representatives, 2 of 
28
    whom shall be
appointed by the Speaker of the House of 
29
    Representatives and 2 of whom shall be
appointed by the 
30
    Minority Leader of the House of Representatives.

31
        (5) Four members of the Senate, 2 of whom shall be 
32
    appointed by the
President of the Senate and 2 of whom 
33
    shall be appointed by the Minority Leader
of the Senate.

34
    (b) The Commission shall:

35
        (1) Make recommendations on how to encourage greater 
 


 






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    inter-agency
coordination and cooperation, to provide for 
2
    more effective utilization of
existing resources, and to 
3
    eliminate duplication of efforts in activities of
State

4
    agencies that affect the legal rights and well-being of 
5
    children in Illinois.
These recommendations shall include 
6
    recommendations for (i) the abolition of
existing boards, 
7
    committees, and commissions created under this Act or the

8
    Abused and Neglected Child Reporting Act and other State 
9
    boards, committees,
and commissions that deal with child 
10
    welfare issues and (ii)  the consolidation
of the powers and 
11
    duties of those boards, committees, and commissions into a

12
    single board, committee, or commission.

13
        (2) Develop a plan, to be phased in over a 3-year 
14
    period, for an
integrated system for providing child 
15
    welfare and child care services to
children in this State 
16
    through State programs.

17
        (3) Develop a plan to improve the quality of child 
18
    welfare programs
Statewide.  This plan shall include, but 
19
    not be limited to:

20
            (A) Methods for making these programs available to 
21
        those children and
families who need them regardless of 
22
        their geographic location in the State or
their 
23
        financial limitations.

24
            (B) Program recommendations for child welfare 
25
        services that include
child development, education, 
26
        supervision, health, and social services.

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            (C) Recommendations to address all federal 
28
        mandates concerning State
child welfare programs.

29
        (4) Evaluate the Commission's success in fulfilling 
30
    its duties under this
Section.

31
        (5) Submit a report to the General Assembly by February 
32
    1 of each year
detailing the Commission's activities and 
33
    setting forth its recommendations.

34
    (c) The Commission shall have an executive director, 
35
appointed by the
Director of Children and Family Services, and 
36
5 staff members who shall be
provided by the Department of 
 


 






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Children and Family Services.  The costs of the
Commission shall 
2
be paid from appropriations to the Department of Children and

3
Family Services for that purpose.


 
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    (20 ILCS 505/34.14 new)

5
    Sec. 34.14. Accreditation of services for children.

6
    (a) There is established within the Department of Children 
7
and Family
Services the Task Force on Accreditation of Services 
8
for Children. The Governor
shall convene a meeting of that body 
9
on or before July 1, 2004.

10
    (b) The Governor shall appoint a minimum of 15 members to 
11
the Task Force.
Membership of the Task Force shall include, but 
12
not be limited to, the
following:

13
        (1) A representative from the Department of Children 
14
    and Family Services,
the Department of Public Aid, the

15
    Department of Public Health, and the Department of Human 
16
    Services.

17
        (2) A representative from the State Board of Education.

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        (3) Four representatives from university research 
19
    schools with expertise
in children's services and, 
20
    specifically, standards of care.

21
        (4) Three professionals in the field of child welfare 
22
    service delivery who
have at least 5 years of direct child 
23
    welfare service experience and who have a
minimum of a 
24
    Master's level degree in graduate studies related to child 
25
    welfare
service delivery.

26
        (5) Two pediatric physicians, at least one of whom is a 
27
    pediatric
psychiatrist, with at least 5 years of direct 
28
    child welfare servicing
experience.

29
        (6) One representative with experience in 
30
    accreditation of agencies
serving children.

31
    (c) No member serving on the Task Force shall be under 
32
contract with the
State of Illinois.

33
    (d) Members of the Task Force shall receive no compensation 
34
related to their
service on the Task Force with the exception 
35
of departmental employees.

 


 






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    (e) The Task Force may consult with additional persons, 
2
advisory entities,
and governmental agencies, as the Task Force 
3
determines necessary.

4
    (f) The Task Force shall develop a 2-year plan for 
5
mandatory accreditation
of
all facilities for children in 
6
substitute care, including group homes, foster
family 
7
agencies, foster family homes, and community treatment 
8
facilities, in
order to achieve the maximum quality of 
9
residential services for children.
Accreditation standards 
10
shall also be developed for child welfare service
personnel who 
11
are employed by or are under contract with child welfare

12
agencies.

13
    (g) The plan shall include, but not be limited to, all of 
14
the following:

15
        (1) Proof that the standards of accreditation have been 
16
    written with the
participation of a diverse group of 
17
    service providers, advocacy organizations,
and placement 
18
    agency personnel.

19
        (2) A draft that sets forth accreditation standards 
20
    that are comprehensive
and detailed, are concerned with 
21
    optimal achievement rather than minimal
quality, and 
22
    provide for continuing and objective evaluation of 
23
    services.

24
        (3) A recommended schedule for implementation of 
25
    accreditation of
residential facilities for children, and 
26
    a fiscal incentive strategy for
programs that become 
27
    accredited.

28
    The Task Force shall report its plan to the Governor and 
29
the General Assembly
by December 31, 2004.



 
30
    Section 10. The Illinois Procurement Code is amended  by 
31
adding Section 35-17 as follows:
 
32
    (30 ILCS 500/35-17 new)

33
    Sec. 35-17. Prequalification for child welfare services. 
34
The Department of Children and Family Services shall require

 


 






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prospective contractors for child welfare services, including 
2
those
contracts involving professional skills, to be 
3
prequalified to determine their
responsibility and competency 
4
to perform the prospective contract. Contractors,
including 
5
the principals, officers, or directors of a corporation, who 
6
engage
in
political activity to influence the bidding selection 
7
process or make political
contributions to political office 
8
holders who may influence the bidding
selection process, are 
9
automatically excluded from the bidding process.

 
10
    Section 99. Effective date.   This Act takes effect on July 
11
1, 2004.