99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1762

 

Introduced 2/20/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.02  from Ch. 102, par. 41.02
5 ILCS 140/2  from Ch. 116, par. 202
325 ILCS 5/7.3d new

    Amends the Open Meetings Act and the Freedom of Information Act. Provides that "public body" does not include the Child Care Facility Investigation Workgroup established under the Abused and Neglected Child Reporting Act. Amends the Abused and Neglected Child Reporting Act. Provides that on or before January 1, 2016, the Department of Children and Family Services shall convene a multi-disciplinary child care facility investigation workgroup to identify areas for improvement in the quality of investigations of child abuse and neglect. Sets forth the composition of the workgroup. Requires the Department to provide to the workgroup, upon request, all records and information in the Department's possession relevant to the workgroup's review of reports of abuse or neglect made to the Department's State-wide toll free telephone number, and relevant to the workgroup's review of investigations of allegations of abuse or neglect of children or adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969, transitional living programs, or unlicensed foster homes. Requires the workgroup to review indicated and unfounded reports of child abuse or neglect. Provides that meetings of the workgroup shall be closed to the public and are not subject to the Open Meetings Act; and that records and information provided to the workgroup and records maintained by the workgroup are confidential and are not subject to the Freedom of Information Act. Contains provisions concerning reporting requirements for both the workgroup and the Department.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1762LRB099 10388 KTG 30615 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Open Meetings Act is amended by changing
5Section 1.02 as follows:
 
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Meeting" means any gathering, whether in person or by
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of contemporaneous
12interactive communication, of a majority of a quorum of the
13members of a public body held for the purpose of discussing
14public business or, for a 5-member public body, a quorum of the
15members of a public body held for the purpose of discussing
16public business.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school

 

 

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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards and convention
8or civic center boards located in counties that are contiguous
9to the Mississippi River with populations of more than 250,000
10but less than 300,000. "Public body" includes the Health
11Facilities and Services Review Board. "Public body" does not
12include a child death review team or the Illinois Child Death
13Review Teams Executive Council established under the Child
14Death Review Team Act, an ethics commission acting under the
15State Officials and Employees Ethics Act, a regional youth
16advisory board or the Statewide Youth Advisory Board
17established under the Department of Children and Family
18Services Statewide Youth Advisory Board Act, the Department of
19Children and Family Services' Child Care Facility
20Investigation Workgroup established under Section 7.3d of the
21Abused and Neglected Child Reporting Act, or the Illinois
22Independent Tax Tribunal.
23(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
 
24    Section 5. The Freedom of Information Act is amended by
25changing Section 2 as follows:
 

 

 

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1    (5 ILCS 140/2)  (from Ch. 116, par. 202)
2    Sec. 2. Definitions. As used in this Act:
3    (a) "Public body" means all legislative, executive,
4administrative, or advisory bodies of the State, state
5universities and colleges, counties, townships, cities,
6villages, incorporated towns, school districts and all other
7municipal corporations, boards, bureaus, committees, or
8commissions of this State, any subsidiary bodies of any of the
9foregoing including but not limited to committees and
10subcommittees thereof, and a School Finance Authority created
11under Article 1E of the School Code. "Public body" does not
12include a child death review team or the Illinois Child Death
13Review Teams Executive Council established under the Child
14Death Review Team Act, or a regional youth advisory board or
15the Statewide Youth Advisory Board established under the
16Department of Children and Family Services Statewide Youth
17Advisory Board Act, or the Department of Children and Family
18Services' Child Care Facility Investigation Workgroup
19established under Section 7.3d of the Abused and Neglected
20Child Reporting Act.
21    (b) "Person" means any individual, corporation,
22partnership, firm, organization or association, acting
23individually or as a group.
24    (c) "Public records" means all records, reports, forms,
25writings, letters, memoranda, books, papers, maps,

 

 

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1photographs, microfilms, cards, tapes, recordings, electronic
2data processing records, electronic communications, recorded
3information and all other documentary materials pertaining to
4the transaction of public business, regardless of physical form
5or characteristics, having been prepared by or for, or having
6been or being used by, received by, in the possession of, or
7under the control of any public body.
8    (c-5) "Private information" means unique identifiers,
9including a person's social security number, driver's license
10number, employee identification number, biometric identifiers,
11personal financial information, passwords or other access
12codes, medical records, home or personal telephone numbers, and
13personal email addresses. Private information also includes
14home address and personal license plates, except as otherwise
15provided by law or when compiled without possibility of
16attribution to any person.
17    (c-10) "Commercial purpose" means the use of any part of a
18public record or records, or information derived from public
19records, in any form for sale, resale, or solicitation or
20advertisement for sales or services. For purposes of this
21definition, requests made by news media and non-profit,
22scientific, or academic organizations shall not be considered
23to be made for a "commercial purpose" when the principal
24purpose of the request is (i) to access and disseminate
25information concerning news and current or passing events, (ii)
26for articles of opinion or features of interest to the public,

 

 

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1or (iii) for the purpose of academic, scientific, or public
2research or education.
3    (d) "Copying" means the reproduction of any public record
4by means of any photographic, electronic, mechanical or other
5process, device or means now known or hereafter developed and
6available to the public body.
7    (e) "Head of the public body" means the president, mayor,
8chairman, presiding officer, director, superintendent,
9manager, supervisor or individual otherwise holding primary
10executive and administrative authority for the public body, or
11such person's duly authorized designee.
12    (f) "News media" means a newspaper or other periodical
13issued at regular intervals whether in print or electronic
14format, a news service whether in print or electronic format, a
15radio station, a television station, a television network, a
16community antenna television service, or a person or
17corporation engaged in making news reels or other motion
18picture news for public showing.
19    (g) "Recurrent requester", as used in Section 3.2 of this
20Act, means a person that, in the 12 months immediately
21preceding the request, has submitted to the same public body
22(i) a minimum of 50 requests for records, (ii) a minimum of 15
23requests for records within a 30-day period, or (iii) a minimum
24of 7 requests for records within a 7-day period. For purposes
25of this definition, requests made by news media and non-profit,
26scientific, or academic organizations shall not be considered

 

 

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1in calculating the number of requests made in the time periods
2in this definition when the principal purpose of the requests
3is (i) to access and disseminate information concerning news
4and current or passing events, (ii) for articles of opinion or
5features of interest to the public, or (iii) for the purpose of
6academic, scientific, or public research or education.
7    For the purposes of this subsection (g), "request" means a
8written document (or oral request, if the public body chooses
9to honor oral requests) that is submitted to a public body via
10personal delivery, mail, telefax, electronic mail, or other
11means available to the public body and that identifies the
12particular public record the requester seeks. One request may
13identify multiple records to be inspected or copied.
14    (h) "Voluminous request" means a request that: (i) includes
15more than 5 individual requests for more than 5 different
16categories of records or a combination of individual requests
17that total requests for more than 5 different categories of
18records in a period of 20 business days; or (ii) requires the
19compilation of more than 500 letter or legal-sized pages of
20public records unless a single requested record exceeds 500
21pages. "Single requested record" may include, but is not
22limited to, one report, form, e-mail, letter, memorandum, book,
23map, microfilm, tape, or recording.
24    "Voluminous request" does not include a request made by
25news media and non-profit, scientific, or academic
26organizations if the principal purpose of the request is: (1)

 

 

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1to access and disseminate information concerning news and
2current or passing events; (2) for articles of opinion or
3features of interest to the public; or (3) for the purpose of
4academic, scientific, or public research or education.
5    For the purposes of this subsection (h), "request" means a
6written document, or oral request, if the public body chooses
7to honor oral requests, that is submitted to a public body via
8personal delivery, mail, telefax, electronic mail, or other
9means available to the public body and that identifies the
10particular public record or records the requester seeks. One
11request may identify multiple individual records to be
12inspected or copied.
13(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;
1498-1129, eff. 12-3-14; revised 12-19-14.)
 
15    Section 10. The Abused and Neglected Child Reporting Act is
16amended by adding Section 7.3d as follows:
 
17    (325 ILCS 5/7.3d new)
18    Sec. 7.3d. Child care facility investigation workgroup.
19    (a) Legislative findings. The Department is charged with
20the responsibility of investigating reports of abuse and
21neglect of children and adult residents who are in child care
22facilities statewide. Children in the care of the Department
23who are placed in child care facilities licensed by the
24Department, transitional living programs, or unlicensed foster

 

 

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1homes are particularly vulnerable to abuse and neglect. The
2safety and well-being of the children of this State depends in
3part on the quality of investigations of allegations of abuse
4or neglect in these living environments.
5    (b) Workgroup. On or before January 1, 2016, the Department
6shall convene a multi-disciplinary child care facility
7investigation workgroup to identify areas for improvement in
8the quality of investigations of allegations of child abuse or
9neglect. The workgroup shall consist of at least one member
10from each of the following categories:
11        (1) A representative of the Department, including at
12    least one individual who is familiar with existing rules,
13    procedures, and policies of the Department related to
14    investigations of child abuse or neglect.
15        (2) A representative of a child advocacy organization.
16        (3) A representative of a parent advocacy
17    organization.
18        (4) A representative of a child welfare agency
19    specializing in foster care.
20        (5) A representative of the Multidisciplinary
21    Pediatric Education and Evaluation Consortium.
22        (6) A representative of a child welfare agency
23    specializing in residential treatment.
24        (7) A licensed mental health professional who has
25    experience in working with abused and neglected children.
26    (c) Records and information. The Department shall provide

 

 

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1to the workgroup, upon request, all records and information in
2the Department's possession relevant to the workgroup's review
3of reports of abuse or neglect made to the Department's
4State-wide, toll free telephone number established under
5Section 7.6, and relevant to the workgroup's review of
6investigations of allegations of abuse or neglect of children
7or adult residents who are in child care facilities licensed by
8the Department under the Child Care Act of 1969, transitional
9living programs, or unlicensed foster homes.
10    (d) Review of indicated and unfounded reports. The
11workgroup shall review randomly selected samples of indicated
12and unfounded reports, including investigations of allegations
13of abuse or neglect of children or adult residents who are in
14child care facilities licensed by the Department under the
15Child Care Act of 1969, transitional living programs, or
16unlicensed foster homes. The workgroup shall also review a
17random sample of records of calls made to the Department's
18State-wide, toll free telephone number established under
19Section 7.6 where investigations were not initiated, including
20those referred to licensing or taken for information only.
21    (e) Confidentiality.
22        (1) Meetings of the workgroup shall be closed to the
23    public and are not subject to the Open Meetings Act, as
24    provided in that Act.
25        (2) Records and information provided to the workgroup
26    and records maintained by the workgroup are confidential

 

 

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1    and are not subject to the Freedom of Information Act, as
2    provided in that Act.
3        (3) All reports and recommendations of the workgroup
4    shall be written in a manner that protects the
5    confidentiality of all persons referenced in any documents
6    reviewed.
7    (f) Report. The workgroup shall prepare and provide a
8report to the General Assembly no later than January 1, 2017.
9The report shall:
10        (1) identify areas of needed improvement in the manner
11    and quality of investigations of allegations of abuse or
12    neglect of children or adult residents who are in child
13    care facilities licensed by the Department under the Child
14    Care Act of 1969, transitional living programs, or
15    unlicensed foster homes;
16        (2) make recommendations regarding needed amendments
17    to existing laws and rules and procedures of the Department
18    to improve the manner and quality of investigations of
19    allegations of abuse or neglect of children or adult
20    residents who are in child care facilities licensed by the
21    Department under the Child Care Act of 1969, transitional
22    living programs, or unlicensed foster homes.
23    (g) Implementation. No later than March 1, 2017, the
24Department shall implement the workgroup's recommendations, as
25feasible and appropriate, and shall submit a written report to
26the General Assembly that explains the Department's decision to

 

 

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1implement or to not implement each of the workgroup's
2recommendations.