HB4304 102ND GENERAL ASSEMBLY

LRB102 19928 KTG 28706 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4304

Introduced 1/5/2022, by Rep. Lakesia Collins

SYNOPSIS AS INTRODUCED:

20 ILCS 505/17a-16 new

Amends the Children and Family Services Act. Creates the Foster Care Investigative Reports Commission as an executive agency of State government to investigate all adverse reports submitted by foster parents to the Department of Children and Family Services (Department) concerning the children placed in their care. Provides that the Commission shall consist of 9 members appointed by the Governor. Contains provisions concerning the term limits of Commission members, compensation, Commission meetings, and other matters. Provides that subject to appropriation, the Commission shall hire a Director and staff to process and investigate all adverse reports referred by the Department to the Commission in order to determine whether the information and allegations set forth in each report are true or false. Requires the Commission to review the findings and recommendations of the Director for each investigated adverse report. Provides that if, after its review, the Commission determines that an adverse report is false or inaccurate, the Commission shall issue a final written report of its determination to be filed with the foster child's official records. Permits the Director, the Director's staff, and the Commission to inspect and copy any materials held by the Department that are relevant to the investigation of an adverse report. Contains provisions concerning the confidentiality of Department records, Commission reporting requirements, and Commission rules.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 5. The Children and Family Services Act is amended by adding Section 17a-16 as follows:

(20 ILCS 505/17a-16 new)

Sec. 17a-16. Foster Care Investigative Reports Commission.

(a) As used in this Section:

"Commission" means the Foster Care Investigative Reports Commission.

"Department" means the Department of Children and Family Services.

"Director" means the Director of the Foster Care Investigative Reports Commission.

(b) The Foster Care Investigative Reports Commission is created as an executive agency of State government to investigate all adverse reports submitted by foster parents to the Department of Children and Family Services concerning the children placed in their care.

(c) The Commission shall consist of 9 members appointed by the Governor with the advice and consent of the Senate. Members appointed to the Commission shall either (i) have a professional background in foster care services or a notable interest in foster care services or (ii) be a foster child or the adopted parent of a former foster child. The Commission shall elect its own chairperson on an annual basis. Commission members shall serve without compensation but may be reimbursed for expenses incurred in the performance of their duties. Each member shall serve a term of 2 years or until his or her successor is appointed. Vacancies shall be filled in the same manner as original appointments. The Commission shall meet quarterly at the call of the chairperson beginning as soon as practicable after the effective date of this amendatory Act of the 102nd General Assembly.

(d) Subject to appropriation, the Commission shall hire a Director and staff to process and investigate all adverse reports referred by the Department to the Commission as provided in subsection (e). The Director and staff shall also carry out any other powers and duties of the Commission in accordance with this Section and the rules adopted by the Commission. All staff other than the Director shall be subject to the Personnel Code.

(e) Every adverse report submitted by a licensed foster parent to the Department shall be sent to the Director for review. Upon receipt of an adverse report, the Director and his or her staff shall conduct an investigation to determine whether the information and allegations set forth in the report are true or false. After the conclusion of the investigation, the Director shall report his or her findings and recommendations to the Commission in a written investigative summary report. The Commission shall review and consider the Director's findings and recommendations before making a final determination as to the foster parent's adverse report. If, after its review, the Commission determines by majority vote that there is sufficient evidence to believe that the foster parent's adverse report is false or inaccurate, the Commission shall issue a final written report that sets forth the specific reasons for why it determined the foster parent's report to be false or inaccurate. A copy of the Commission's final written report shall be sent to the Department to be filed with the foster child's official records. If, after its review, the Commission determines by majority vote that there is sufficient evidence to believe that the foster parent's adverse report it true or accurate, the Commission shall issue a written statement of its decision and send a copy of its written statement to the Department to be filed with the foster child's official records.

(f) In the course of an investigation, the Director, the Director's staff, and the Commission may inspect and copy any materials relevant to the investigation that are in the possession of the Department. Any information obtained under this Section by the Director, the Director's staff, or the Commission is confidential and may not be disclosed to any third party unless otherwise authorized by law. Any person who transmits confidential information in violation of this Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the transmittal of the information is authorized by this Section or otherwise authorized by law.

(g) The Commission shall prepare an annual report on its operations and submit the report to the Governor and the General Assembly.

(h) The Commission shall adopt any rules necessary to implement the provisions of this Section. Rules adopted by the Commission shall be subject to the provisions of the Illinois Administrative Procedure Act.