SB2249 101ST GENERAL ASSEMBLY

LRB101 12039 KTG 59466 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2249

Introduced 4/9/2019, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

See Index

Creates the Access to Justice Grant Program Act. Establishes a Program and a Panel to issue and award grants to 2 community-based organizations to increase outreach, education on legal matters, and access to legal services to low-income communities of color. Requires the organizations to act as fiscal agents. Provides for the recruitment and training of community navigators to conduct legal screenings. Requires the Governor to include a $10,000,000 appropriation for the Program in the annual State budget. Contains provisions concerning: grant application requirements; a grant review committee; financial audits; and other matters. Amends the Children and Family Services Act. Provides that, if a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on well-child visits, including immunizations, or there is a documented religious or medical reason the child is not immunized. Requires the Department to complete, before a child's discharge from foster or substitute care, a home safety checklist regarding the child's home. Requires any aftercare services to a child and his or her family to start on the date the child is returned to the custody or guardianship of the parent or guardian. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter and there is a prior indicated report of abuse or neglect and a prior open service case involving a member of the household, the Department must accept the report as a child welfare services referral. Requires the Auditor General to conduct performance audits on the Department. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the

Access to Justice Grant Program Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) The Department of Homeland Security reported a 171% increase in the arrest and detention of undocumented immigrants with no criminal record over the last 2 years.

(2) In Illinois alone, 525,000 undocumented immigrants, including 40,000 immigrants with temporary protected status and 42,000 immigrants with DACA status under the Deferred Action for Childhood Arrivals program, are at risk of deportation and being separated from their families.

(3) As of December 2018, about 71,000 adults and juveniles were incarcerated in various facilities across Illinois, including 40,872 individuals in Illinois State-operated facilities and approximately 23,000 individuals incarcerated in local jails.

(4) On February 11, 2019, Governor Pritzker unveiled a justice reform initiative and said, "It's time to reduce the recidivism rate and reentry through a holistic approach that addresses opportunity both inside and outside of our prisons".

(5) Completing a prison sentence is only the first step in a long road to reentry into society.

(6) Many formerly incarcerated adults struggle to find jobs and housing because of their criminal history, even when records are expungeable.

(7) Illinois' vulnerable communities of color also experience mental health challenges at higher rates, including depression, anxiety, acculturative stress, and trauma.

(8) The mental health needs of this population are high, yet many are unable to access mental health services due to lack of health insurance, transportation, or cultural or language barriers.

(9) These insecurities and challenges facing low-income communities of color have a large effect on the State's economy and on the ability of employers to find and retain employees.

(10) In response to some of these challenges, the City of Chicago established and funded a successful Legal Protection Fund and Community Navigator Program. The program has strengthened existing community-based organizations and trained 400 community navigators (such as majority immigrant women: Latinos, Asians, and Africans.) who have reached over 50,000 individuals through mass Know Your Rights trainings and have connected immigrant families and persons classified as DREAMers under the Development, Relief, and Education for Alien Minors Act to free community-based legal services. The community navigators were supported by attorneys.

(11) Chicago's Community Navigator Program increased the rate of immigrants with legal representation from 30% to 59% with $1,300,000 while New York increased representation from 50% to 61% with $10,000,000 according to an independent study conducted by Syracuse University.

(12) Adequate funding is necessary to ensure Illinois' communities of color, including immigrants, African-Americans, and returning citizens, know their rights and have access to legal support and social and mental health services.

Section 10. Definitions. As used in this Act:

"Legal services" means legal aid services rendered to individuals, including legal consultations, representations at expungement proceedings, and representation before the U.S. Citizenship and Immigration Services, the National Visa Center within the U.S. Department of State, the Executive Office of Immigration Review within the U.S. Department of Justice, the U.S. Immigration and Customs Enforcement, and any other immigration related agency or office.

"Community navigator" means an individual formally trained by a qualified nonprofit community organization to educate and inform individuals on a specific subject matter.

"Grant Panel" means the Access to Justice Grant Program Panel created under Section 15 to review and administer grant applications.

Section 15. Access to Justice Grant Program.

(a) The Access to Justice Grant Program is created for the purpose of issuing, subject to appropriation, grants to 2 nonprofit, community-based organizations to serve as fiscal agents and increase outreach, education on legal matters, and access to legal services to low-income communities of color, including immigrant and African-American populations.

(b) There is created the Access to Justice Grant Program Panel. The Grant Panel shall consist of the following members:

(1) 2 co-chairs, one of whom shall be appointed by the principal sponsor of this Act in the House of Representatives and one of whom shall be appointed by the chief co-sponsor of this Act in the House of Representatives;

(2) 2 members, one of whom shall be appointed by the principal sponsor of this Act in the Senate and one of whom shall be appointed by the chief co-sponsor of this Act in the Senate; and

(3) one member appointed by the Governor.

(c) The Department of Human Services shall provide staff and administrative support to the Grant Panel. Members of the Grant Panel shall not receive compensation for their service on the Grant Panel but shall be reimbursed for necessary travel expenses incurred in the performance of their duties.

(d) On or before July 1, 2019, nonprofit, community-based organizations that meet the requirements outlined in Section 20 may apply to the Grant Panel for a grant under this Act.

(e) Subject to appropriation, on or before August 1, 2019, the Grant Panel shall award grant funds, in an amount to be determined by the Grant Panel, to 2 nonprofit, community-based organizations, as set forth in this Section.

(f) For State Fiscal Year 2020, the Governor shall include in the annual State budget for the Access to Justice Grant Program an appropriation of $10,000,000 which shall generate a one-to-one match from private employers and philanthropic or non-profit groups.

Section 20. Grant application; grant review committee.

(a) Grant applicants shall use the grant application format prepared and made available by the Grant Panel for this purpose. The applications shall be available on the Department of Human Services' website.

(b) To apply to be a fiscal agent and receive a grant under this Act, an applicant must be a nonprofit, community-based organization that provides legal services to meet the unique legal needs of the targeted populations. A fiscal agent that provides immigration services must:

(1) have previous experience in serving as a fiscal agent;

(2) have an in-house community navigator program;

(3) have previously trained other organizations in the community navigator program;

(4) have headquarters in a census tract where at least 75% of the population is from a community of color; and

(5) be recognized by the Department of Justice to practice immigration law.

(b-5) A fiscal agent that provides services to predominantly African-American communities must:

(1) have a pre-existing in-house community navigator program;

(2) have a pre-existing program supporting formerly incarcerated individuals with legal and social services;

(3) have a pre-existing Know Your Rights education program with at least monthly seminars;

(4) have a formal relationship with a community bond fund;

(5) have headquarters in a census tract where at least 75% of the population is African-American;

(6) have a pre-existing relationship with 3 or more private law firms (whose main offices are located in a census tract where at least 75% of the people are African-American) that provide pro bono legal services; and

(7) have a pre-existing relationship with an organization that works with incarcerated individuals and survivors of domestic and sexual violence.

(c) Each fiscal agent must fund and train 10 community-based organizations throughout the State to recruit and train community navigators to reach and inform 20,000 Illinois low-income and vulnerable individuals living in communities of color on Know Your Rights, expungement processes, mental health services, and immigration legal services.

(d) Each fiscal agent must fund and train 10 community-based legal service organizations that will conduct 5,000 legal screenings for low-income and vulnerable communities of color.

(e) At least one fiscal agent must be able to work with mental health organizations to implement 4 pilot community-based mental health programs.

(f) Each grant applicant shall:

(1) describe itself, indicate whether it is a nonprofit, community-based organization, and provide its legal status and a summary of its mission;

(2) be authorized to conduct affairs in the State of Illinois;

(3) designate that it is applying for a grant to ensure access to legal services in low-income communities of color, including immigrant and African-American populations; and

(4) have a partnership with business associations to reduce barriers to employment, provide certified training, and address labor shortage for Illinois employers.

(j) Each grant application shall include a detailed, narrative statement describing the proposed use of the grant funds. Each grant applicant shall also provide:

(1) the name and contact information of the Director of the nonprofit, community-based organization;

(2) a description of the applicant's ability to administer the grant;

(3) a project title;

(4) a project description;

(5) a description of the applicant's request-for-proposals process and any other process used for selecting sub-grantee organizations;

(6) the applicant's target audience and needs;

(7) a project schedule;

(8) methods for evaluating outcomes; and

(9) the applicant's proposed budget and a detailed explanation of expenses.

Grant applicants must demonstrate in their grant applications that they have satisfactorily met all requirements set forth in this Section, and that they possess the administrative capacity to perform the purposes of the Access to Justice Grant Program and the fiscal and reporting functions stipulated in this Section.

(k) The Grant Panel may deny a grant application if the requirements of this Section are not met or are inadequately met. The Grant Panel shall not discriminate on the basis of race, color, religion, gender, age, national origin, disability, marital status, sexual orientation, or military status in the awarding of grants.

(l) Grant applications that are not submitted in the required format by July 1, 2019, as set forth in subsection (d) of Section 15, or that are not completed, shall not be considered for funding by the Grant Panel.

(m) The grant application process shall be competitive. A grant review committee shall review all grant applications and make recommendations to the Grant Panel regarding the selection of grant award recipients.

(n) The grant review committee shall consist of one representative from the Department of Human Services, and, at the discretion of the Grant Panel, any other additional qualified reviewers. Any additional reviewers shall be selected based on their academic qualifications and their vocational and volunteer experience related to the subject matter of the grant.

(o) No person shall serve on the grant review committee if that person:

(1) is applying for a grant under this Act;

(2) is employed by any entity applying for a grant under this Act;

(3) has an ownership interest in or receives income from any entity applying for a grant under this Act; or

(4) is related more closely than the 5th degree of consanguinity (second cousins) to an owner or employee of any entity applying for a grant under this Act.

(p) Members of the grant review committee shall independently consider the following criteria and assign weighted scores up to the total amount of points indicated:

(1) Requirements. Does the nonprofit meet the requirements as outlined in Section 20? (500 points)

(2) Abstract. Does the project overview appropriately communicate the proposed project? (25 points)

(3) Administrative capacity. Does the applicant have adequate experience and qualifications to accomplish the proposed project? Is the applicant a known and trusted voice in the community to be served? (100 points)

(4) Project description. Has the applicant provided a comprehensive description of the project, including details about methods, activities, and services to be provided in light of the legislative findings under Section 5? (200 points)

(5) Connection to employers. Has the applicant stated how this program will partner with trade and business associations to reach the workforce and to increase the pipeline of available workers to fill high and low skilled employment positions? Does the application include at least 3 letters of support from Illinois trade or business associations? (100 points)

(6) Capacity building. Has the applicant described how it will build capacity for smaller nonprofits to be able to achieve their goals, including training, technical assistance, and coordination with public and private entities? (300 points)

(7) Target audience and need. Has the applicant identified the intended audience and its need for services proposed? Has the applicant set forth a plan for identifying and reaching target communities? (500 points)

(8) Project schedule. Does the applicant's timeline clearly illustrate appropriate scheduling of the proposed actions and activities? (50 points)

(9) Evaluation. Is the methodology and strategy that the applicant will use to evaluate the success of the project reasonable? (25 points)

(10) Budget. Is the proposed budget reasonable, necessary, appropriate, and adequate to perform the proposed services? (100 points)

(q) For purposes of this grant application and review process:

(1) Two organizations shall serve as fiscal agents. Fiscal agents then must sub-grant as provided in this Act and in with the approval of the Department of Human Services.

(2) All grant applicants shall be notified whether or not their application has been approved. The decision of the Grant Panel regarding the award of grants under this Section is final.

(3) The Grant Panel shall notify the submitting entity when an application is approved. All approved applicants shall enter into a grant agreement provided by the Grant Panel before any grant funds are distributed.

Section 25. Grant reporting requirements.

(a) As stipulated by the grant agreement, the following reports shall be completed and transmitted to the Department of Human Services by each grant recipient:

(1) monthly narrative and financial reports that identify by line item all expenditures made from grant funds;

(2) a final financial report showing all expenditures of grant funds and the return of any unexpended grant funds; and

(3) a final narrative report evaluating the degree to which the grantee achieved the goals and objectives of the project.

The Grant Panel may request additional information and data from any grant applicant.

(b) Grants awarded under this Section are subject to the Grant Accountability and Transparency Act. The Grant Panel shall not consider grant applications submitted by entities that are included in the Illinois Debarred and Suspended List maintained by the Governor's Office of Management and Budget.

(c) Grant recipients shall maintain books and records relating to the expenditure of grant funds. Books and records, including information stored in computer systems, shall be maintained by the grant recipient for a period of 3 years from the later of the date of the final grant payment or the completion of the projects for which the grant was issued.

(d) Books and records required to be maintained under this Section shall be available for review or audit by the Department of Commerce and Economic Opportunity, the Attorney General, or the Auditor General. Failure to maintain books and records required by this Section shall establish a presumption in favor of the Grant Panel for the recovery of any grant funds, attorney's fees, and costs paid by the Grant Panel or its designee.

(e) Grants made under this Section are subject to the provisions of the Illinois Grant Funds Recovery Act. Actions brought under that Act may include, but are not limited to, a grant recipient's: (i) failure to spend funds in accordance with the application or any approved amendment to the application or (ii) failure to comply with reporting procedures stipulated in this Section. If a provision of this Section conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

(f) Obligations of the Grant Panel to fund the Access to Justice Grant Program shall cease immediately without penalty or further payment being required if the funds for the grants are not available to the Grant Panel.

Section 30. The Children and Family Services Act is amended by adding Section 7.8 as follows:

(20 ILCS 505/7.8 new)

Sec. 7.8. Home safety checklist; aftercare services; immunization checks.

(a) As used in this Section, "purchase of service agency" means any entity that contracts with the Department to provide services that are consistent with the purposes of this Act.

(b) Whenever a child is placed in the custody or guardianship of the Department or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on his or her well-child visits, including age-appropriate immunizations, or that there is a documented religious or medical reason the child did not receive the immunizations.

(c) Whenever a child has been placed in foster or substitute care by court order and the court later determines that the child can return to the custody of his or her parent or guardian, the Department must complete, prior to the child's discharge from foster or substitute care, a home safety checklist to ensure that the conditions of the child's home are sufficient to ensure the child's safety and well-being, as defined in Department rules and procedures. At a minimum, the home safety checklist shall be completed within 24 hours prior to the child's return home and completed again or recertified in the absence of any environmental barriers or hazards within 5 working days after a child is returned home and every month thereafter until the child's case is closed pursuant to the Juvenile Court Act of 1987. The home safety checklist shall include a certification that there are no environmental barriers or hazards to prevent returning the child home.

(d) When a court determines that a child should return to the custody or guardianship of a parent or guardian, any aftercare services provided to the child and the child's family by the Department or a purchase of service agency shall commence on the date upon which the child is returned to the custody or guardianship of his or her parent or guardian. However, if multiple children are returned at different times to the custody or guardianship of the parent or guardian, aftercare services shall commence on the date upon which the last child returns home.

(e) One year after the effective date of this amendatory Act of the 101st General Assembly, the Auditor General shall commence a performance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements of this Section. Within 2 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit. Upon completion of each audit, the Auditor General shall report its findings to the General Assembly. The Auditor General's reports shall include any issues or deficiencies and recommendations. The audits required by this Section shall be in accordance with and subject to the Illinois State Auditing Act.

Section 35. The Abused and Neglected Child Reporting Act is amended by adding Section 7.01 as follows:

(325 ILCS 5/7.01 new)

Sec. 7.01. Safety assessments for reports made by mandated reporters.

(a) When a report is made by a mandated reporter to the statewide toll-free telephone number established under Section 7.6 of this Act and there is a prior indicated report of abuse or neglect and a prior open service case involving any member of the household, the Department must, at a minimum, accept the report as a child welfare services referral. If the family refuses to cooperate or refuses access to the home or children, then a child protective services investigation shall be initiated if the facts otherwise meet the criteria to accept a report.

As used in this Section, "child welfare services referral" means an assessment of the family for service needs and linkage to available local community resources for the purpose of preventing or remedying or assisting in the solution of problems which may result in the neglect, abuse, exploitation, or delinquency of children, and as further defined in Department rules and procedures.

As used in this Section, "prior open service case" means a case in which the Department has provided services to the family either directly or through a purchase of service agency.

(b) One year after the effective date of this amendatory Act of the 101st General Assembly, the Auditor General shall commence a performance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements of this Section. Within 2 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit. Upon completion of each audit, the Auditor General shall report its findings to the General Assembly. The Auditor General's reports shall include any issues or deficiencies and recommendations. The audits required by this Section shall be in accordance with and subject to the Illinois State Auditing Act.

Section 99. Effective date. This Act takes effect upon becoming law.