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1 | AN ACT concerning the Department of Children and Family | ||||||
2 | Services.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Children and Family Services Act is amended | ||||||
6 | by changing Section 5d as follows:
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7 | (20 ILCS 505/5d)
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8 | Sec. 5d. The Direct Child Welfare Service Employee License | ||||||
9 | Board.
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10 | (a) For purposes of this Section:
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11 | (1) "Board" means the Direct Child Welfare Service | ||||||
12 | Employee License
Board.
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13 | (2) "Director" means the Director of Children and | ||||||
14 | Family
Services.
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15 | (b) The Direct Child Welfare Service Employee License | ||||||
16 | Board is created
within
the Department of Children and Family | ||||||
17 | Services and shall consist of 9 members
appointed by the | ||||||
18 | Director. The Director shall annually designate a chairperson
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19 | and
vice-chairperson of
the Board. The membership of the
Board
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20 | must be composed as follows: (i) 5 licensed professionals from | ||||||
21 | the field of
human
services with a human services , juris | ||||||
22 | doctor, medical, public administration, or other relevant | ||||||
23 | human services degree or equivalent course work
as required by |
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1 | rule of the Department and who are in good standing within | ||||||
2 | their
profession, at least 2 of which
must be employed in the | ||||||
3 | private not-for-profit sector and at least one of which
in the | ||||||
4 | public
sector; (ii) 2
faculty members of an accredited | ||||||
5 | university who have child welfare experience
and are
in good
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6 | standing within their profession and (iii) 2 members of the | ||||||
7 | general public who
are not
licensed under this Act or a similar | ||||||
8 | rule and will represent consumer
interests.
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9 | In making the first appointments, the Director shall | ||||||
10 | appoint 3 members to
serve
for a term of one year, 3 members to | ||||||
11 | serve for a term of 2 years, and 3
members to
serve for a term | ||||||
12 | of 3 years, or until their successors are appointed and
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13 | qualified. Their
successors shall be appointed to serve 3-year | ||||||
14 | terms, or until their
successors are
appointed and qualified. | ||||||
15 | Appointments to fill unexpired vacancies shall be
made in the
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16 | same manner as original appointments. No member may be | ||||||
17 | reappointed if a
reappointment would cause that member to | ||||||
18 | serve on the Board for longer than 6
consecutive years. Board | ||||||
19 | membership must have reasonable representation from
different | ||||||
20 | geographic areas of Illinois, and all members must be | ||||||
21 | residents of
this State.
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22 | The Director may terminate the appointment of any member | ||||||
23 | for good cause,
including but not limited to (i) unjustified | ||||||
24 | absences from Board meetings or
other failure
to meet Board | ||||||
25 | responsibilities, (ii) failure to recuse himself or herself | ||||||
26 | when
required by
subsection (c) of this Section or Department |
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1 | rule, or (iii) failure to maintain
the professional
position | ||||||
2 | required by Department rule. No member of the Board may have a
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3 | pending
or indicated report of child abuse or neglect or a | ||||||
4 | pending complaint or
criminal
conviction of any of the | ||||||
5 | offenses set forth in paragraph
(b) of Section
4.2 of the Child | ||||||
6 | Care Act of 1969.
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7 | The members of the Board shall receive no compensation for | ||||||
8 | the performance of
their duties as members, but each member | ||||||
9 | shall be reimbursed for his or her
reasonable and
necessary | ||||||
10 | expenses incurred in attending the meetings of the Board.
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11 | (c) The Board shall make recommendations to the Director | ||||||
12 | regarding licensure
rules. Board members must recuse | ||||||
13 | themselves from sitting on any matter
involving an
employee of | ||||||
14 | a child welfare agency at which the Board member is an employee | ||||||
15 | or
contractual employee. The Board shall make a final | ||||||
16 | determination concerning
revocation, suspension, or | ||||||
17 | reinstatement of an employee's direct child welfare
service
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18 | license after a hearing conducted under the Department's | ||||||
19 | rules. Upon
notification of the manner of the vote to all the | ||||||
20 | members, votes on a
final determination may be cast in person, | ||||||
21 | by
telephonic or
electronic means, or by mail at the | ||||||
22 | discretion of the chairperson.
A simple majority of the | ||||||
23 | members appointed and serving is
required
when Board members | ||||||
24 | vote by mail or by telephonic or electronic means. A
majority | ||||||
25 | of
the currently appointed and serving Board members | ||||||
26 | constitutes a quorum. A
majority of
a quorum is required when a |
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1 | recommendation is voted on during a Board
meeting. A
vacancy | ||||||
2 | in the membership of the Board shall not impair the right of a | ||||||
3 | quorum
to perform
all the duties of the Board. Board members | ||||||
4 | are not personally liable in any
action based
upon a | ||||||
5 | disciplinary proceeding or otherwise for any action taken in | ||||||
6 | good faith
as a
member of the Board.
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7 | (d) The Director may assign Department employees to | ||||||
8 | provide staffing
services to
the Board. The Department must | ||||||
9 | promulgate any rules necessary to implement
and administer the | ||||||
10 | requirements of this Section.
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11 | (Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
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12 | Section 10. The Adoption Act is amended by changing | ||||||
13 | Section 18.9 as follows: | ||||||
14 | (750 ILCS 50/18.9) | ||||||
15 | Sec. 18.9. Post-placement and post-adoption support | ||||||
16 | services. | ||||||
17 | (a) It is the public policy of this State to find | ||||||
18 | permanency for children through adoption and to prevent | ||||||
19 | placement disruption, adoption dissolution, and secondary | ||||||
20 | placement. Public awareness and access to timely, effective | ||||||
21 | post-placement and post-adoption support services to provide | ||||||
22 | resources for children and families is essential to promote | ||||||
23 | permanency. | ||||||
24 | (b) The Department shall establish and maintain accessible |
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1 | post-placement and post-adoption support services for all | ||||||
2 | children adopted pursuant to this Act, all children residing | ||||||
3 | in this State adopted pursuant to the Interstate Compact on | ||||||
4 | the Placement of Children, all children residing in this State | ||||||
5 | adopted pursuant to the Intercountry Adoption Act of 2000, and | ||||||
6 | all former youth in care, as defined by the Children and Family | ||||||
7 | Services Act, who have been placed in a guardianship. | ||||||
8 | (b-5) The Department shall establish and maintain a | ||||||
9 | toll-free number to respond to requests from the public about | ||||||
10 | its post-placement and post-adoption support services under | ||||||
11 | subsection (b) and shall staff the toll-free number so that | ||||||
12 | calls are answered on a timely basis, but in no event more than | ||||||
13 | one business day after 24 hours from the receipt of a request. | ||||||
14 | (c) The Department shall publicize information about the | ||||||
15 | Department's post-placement and post-adoption support services | ||||||
16 | pursuant to subsection (b) and the toll-free number pursuant | ||||||
17 | to subsection (b-5) as follows: | ||||||
18 | (1) it shall post information on the Department's | ||||||
19 | website; | ||||||
20 | (2) it shall provide the information to every licensed | ||||||
21 | child welfare agency, every out of State placement agency | ||||||
22 | or entity approved under Section 4.1 of this Act, and any | ||||||
23 | entity providing adoption support services in the Illinois | ||||||
24 | courts; | ||||||
25 | (3) it shall reference such information in the | ||||||
26 | adoptive parents' rights and responsibilities document |
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1 | that the Department publishes and that is provided to | ||||||
2 | adoptive parents under this Act and the Child Care Act. | ||||||
3 | (4) it shall provide the information, including the | ||||||
4 | Illinois Post Adoption and Guardianship Services booklet, | ||||||
5 | to prospective adoptive parents and guardians as part of | ||||||
6 | its adoption and guardianship training and at the time | ||||||
7 | they are presented with the Permanency Commitment form; | ||||||
8 | and | ||||||
9 | (5) it shall include, in each annual notification | ||||||
10 | letter mailed to adoptive parents and guardians, a short, | ||||||
11 | 2-sided flier or news bulletin in plain language that | ||||||
12 | describes access to post-placement and post-adoption | ||||||
13 | services, how to access Medicaid and Individual Care Grant | ||||||
14 | or Family Support Program services, the webpage address to | ||||||
15 | Illinois' Post Adoption and Guardianship Services booklet, | ||||||
16 | information on how to request that a copy of the booklet be | ||||||
17 | mailed, and a sticker or magnet that includes the | ||||||
18 | toll-free number to access the Department's post-placement | ||||||
19 | and post-adoption support services. | ||||||
20 | (c-5) The Department shall review and update annually all | ||||||
21 | information relating to its post-placement and post-adoption | ||||||
22 | support services, including its Post Adoption and Guardianship | ||||||
23 | Services booklet, to include updated information on Individual | ||||||
24 | Care Group or Family Support Program services eligibility and | ||||||
25 | the post-placement and post-adoption support services that are | ||||||
26 | available through the Medicaid program or any other State |
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1 | program for mental health services. The Department and the | ||||||
2 | Department of Healthcare and Family Services shall coordinate | ||||||
3 | their efforts in the development of resources described in | ||||||
4 | this subsection. | ||||||
5 | (d) Every licensed child welfare agency, every entity | ||||||
6 | approved under Section 4.1 of this Act, and any entity | ||||||
7 | providing adoption support services in the Illinois courts | ||||||
8 | shall provide the Department's website address and link to the | ||||||
9 | Department's post-placement and post-adoption support services | ||||||
10 | information set forth in subsection (c) of this Section, | ||||||
11 | including the Department's toll-free number, to every adoptive | ||||||
12 | parent, prospective adoptive parent, and guardian with whom | ||||||
13 | they work in Illinois. This information shall be provided | ||||||
14 | prior to placement. | ||||||
15 | (e) Beginning one year after the effective date of this | ||||||
16 | amendatory Act of the 101st General Assembly, the Department | ||||||
17 | shall report annually to the General Assembly on January 15 | ||||||
18 | the following information for the preceding year: | ||||||
19 | (1) a description of all post-placement and | ||||||
20 | post-adoption support services the Department provides; | ||||||
21 | (2) without identifying the names of the recipients of | ||||||
22 | the services, the number of guardians, prospective | ||||||
23 | adoptive parents, and adoptive families in Illinois who | ||||||
24 | have received the Department's post-placement and | ||||||
25 | post-adoption support services and the type of services | ||||||
26 | provided and for each, the length of time between the |
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1 | initial contact to the Department to request | ||||||
2 | post-placement and post-adoption support services and the | ||||||
3 | first receipt of services, and the type of services | ||||||
4 | received; | ||||||
5 | (3) the number of families who have contacted the | ||||||
6 | Department about its post-placement and post-adoption | ||||||
7 | support services due to a potential placement disruption, | ||||||
8 | adoption dissolution, secondary placement, or unregulated | ||||||
9 | placement, but for whom the Department declined to provide | ||||||
10 | post-placement and post-adoption support services and the | ||||||
11 | reasons that services were denied; | ||||||
12 | (4) the number of placement disruptions, adoption | ||||||
13 | dissolutions, unregulated placements, and secondary | ||||||
14 | placements, and for each one: | ||||||
15 | (A) the type of placement or adoption, including | ||||||
16 | whether the child who was the subject of the placement | ||||||
17 | was a youth in care as defined in Section 4d of the | ||||||
18 | Children and Family Services Act, and if the child was | ||||||
19 | not a youth in care, whether the adoption was a | ||||||
20 | private, agency, agency-assisted, interstate, or | ||||||
21 | intercountry adoption; | ||||||
22 | (B) if the placement or adoption was intercountry, | ||||||
23 | the country of birth of the child; | ||||||
24 | (C) whether the child who was the subject of the | ||||||
25 | placement disruption, adoption dissolution, | ||||||
26 | unregulated placement, or secondary placement entered |
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1 | State custody; | ||||||
2 | (D) the length of the placement prior to the | ||||||
3 | placement disruption, adoption dissolution, | ||||||
4 | unregulated placement, or secondary placement; | ||||||
5 | (E) the age of the child at the time of the | ||||||
6 | placement disruption, adoption dissolution, | ||||||
7 | unregulated placement, or secondary placement; | ||||||
8 | (F) the reason, if known, for the placement | ||||||
9 | disruption, adoption dissolution, unregulated | ||||||
10 | placement, or secondary placement; and | ||||||
11 | (G) if a licensed child welfare agency or any | ||||||
12 | approved out of State placing entity participated in | ||||||
13 | the initial placement, and, if applicable, the name of | ||||||
14 | the agency or approved out of State placing entity; | ||||||
15 | and | ||||||
16 | (5) a description of the coordination between the | ||||||
17 | Department and the Department of Healthcare and Family | ||||||
18 | Services to develop resources under this subsection, | ||||||
19 | including, but not limited to, a description of the goals | ||||||
20 | of such coordination and whether the goals have been met.
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21 | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20 .)
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