HB1118 95TH GENERAL ASSEMBLY

LRB095 03440 BDD 29970 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1118

Introduced , by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 120/1.02	from Ch. 102, par. 41.02
5 ILCS 140/2	from Ch. 116, par. 202

Creates the Children and Family Services Citizens' Review Board Act. Creates the Children and Family Services Citizens' Review Board for the purpose of reviewing the delivery of Department services and to investigate incidents and complaints related to the Department of Children and Family Services. Sets forth procedures for the membership and operation of the Board. Sets forth the powers and duties of the Board concerning its investigations. Requires confidentiality of certain records of the Board. Requires the Board to submit an annual report to the General Assembly, Governor, and Attorney General concerning its investigations. Amends the Public Meetings Act and the Freedom of Information Act to provide that the Board is not a "public body" with respect to those Acts.

FISCAL NOTE ACT MAY APPLY

JUDICIAL 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 Children and Family Services Citizens' Review Board Act.

Section 5. Citizens' Review Board created. The Children and Family Services Citizens' Review Board is created for the purpose of reviewing the delivery of Department services and to investigate incidents and complaints related to the Department of Children and Family Services.

Section 10. Board membership; appointments; terms of office.

(a) The Board consists of 9 members who are appointed, with the advice and consent of the Senate, as follows:

(1) four members appointed by the Governor who are private citizens who have practical working experience in the field of law, sociology, psychiatry, psychology, education, theology, social work, medicine, or a similar field;

(2) three members appointed by the Governor who are private citizens who have practical working experience in the field of law, sociology, psychiatry, psychology, education, theology, social work, medicine, or a similar field;

(3) one member appointed by the Governor who is a representative from a private statewide organization that advocates the interests of children; and

(4) one member appointed by the Governor who is a representative from a private agency that provides services to foster and adoptive families.

(b) Of the initial members appointed, 3 are appointed to terms of one year, 3 are appointed to terms of 2 years, and 3 are appointed to terms of 3 years. Thereafter, all members are appointed for terms of 3 years. The initial members' terms of office must be chosen by lot at the first meeting of the Board after all members have been appointed. No member may serve more than 2 consecutive terms. A member shall serve until his or her successor is appointed and qualified. All vacancies must be filled in the same manner as the initial appointment.

(c) The Board must elect a Chairperson and a Vice-Chairperson from the Board's membership by a simple majority vote of the total membership of the Board.

(d) Members shall serve without compensation, but may be reimbursed for their reasonable travel expenses from funds available for that purpose.

Section 15. Conducting business.

(a) The Board may begin to conduct business upon the appointment of a majority of the members. The Board must meet at least once each calendar quarter. The meetings shall take place at locations, dates, and times determined by the Chairperson after consultation with members of the Board.

(b) The Board may adopt bylaws, and it may establish committees and officers as it deems necessary.

(c) For purposes of Board meetings, a quorum is 5 members.

Section 20. Powers and duties of the Board.

(a) The Board has the duty and authority to receive complaints from any public or private individual or entity and to conduct investigations into allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of rules, procedures, or laws by any employee, foster parent, service provider, or contractor of the Department of Children and Family Services. The Board shall make recommendations to the Director of Children and Family Services concerning sanctions or disciplinary actions against Department employees or providers of service under contract to the Department. Any investigation conducted by the Director shall be independent and separate from the investigation mandated by the Abused and Neglected Child Reporting Act.

(b) The Board has the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act. The power to subpoena or to compel the production of books and papers, however, does not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Act. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Act is guilty of a Class A misdemeanor.

(c) The Department of Children and Family Services must cooperate with and provide to the Board any information that the Board requests in the course of its duties.

(d) The Board shall establish a toll-free telephone number and an Internet website that may be used to file complaints or to obtain information about the delivery of child welfare services by the Department or its agents. This telephone number website must be included in all appropriate notices and handbooks regarding services available through the Department and all appropriate publications by the Board.

(e) The Board shall adopt rules for filing, processing, investigating, and resolving the complaints and any other rules that are necessary for the administration of this Act.

Section 25. Confidentiality.

(a) The Board must maintain confidentiality for any record or other information that the Department of Children and Family Services must treat as confidential under Sections 35.1 and 35.3 of the Children and Family Services Act.

(b) Meetings of the Board must be closed to the public and are not subject to the Open Meetings Act, as provided in that Act.

(c) Records and information provided to Board, and records maintained by Board, are confidential and not subject to the Freedom of Information Act, as provided in that Act. Nothing contained in this subsection (c) prevents the sharing or disclosure of records, other than those produced by a Child Death Review Team or the Executive Council, relating or pertaining to the death of a minor under the care of or receiving services from the Department of Children and Family Services and under the jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney.

(d) Members, employees, and agents of the Board are not subject to examination, in any civil or criminal proceeding, concerning information presented to them or concerning their opinions formed based on that information. A person may, however, be examined concerning information that is otherwise available to the public.

(e) Records and information produced by the Board are not subject to discovery or subpoena and are not admissible as evidence in any civil or criminal proceeding. Those records and information are, however, subject to discovery or a subpoena, and are admissible as evidence, to the extent they are otherwise available to the public.

Section 30. Annual reports.

(a) The Board shall provide to the General Assembly, the Governor, and the Attorney General, no later than January 1 of each year, a report summarizing the complaints, investigations, and recommendations made under this Act for the prior fiscal year. The summaries must detail:

(1) a summary of each complaint;

(2) the findings of the Board concerning each complaint;

(3) the recommendations to the Director of Children and Family Services concerning sanctions or disciplinary actions against Department employees or providers of service under contract to the Department; and

(4) the final disposition of those recommendations.

(b) The report may not contain any confidential or identifying information concerning the subjects of the reports and investigations.

(c) The report must also include detailed recommended administrative actions and matters for consideration by the General Assembly.

Section 90. The Open Meetings Act is amended by changing Section 1.02 as follows:

(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)

Sec. 1.02. For the purposes of this Act:

"Meeting" means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business.

"Public body" includes all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" includes the Health Facilities Planning Board. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, the Children and Family Services Citizens' Review Board, or an ethics commission acting under the State Officials and Employees Ethics Act.

(Source: P.A. 93-617, eff. 12-9-03; 94-1058, eff. 1-1-07.)

Section 95. The Freedom of Information Act is amended by changing Section 2 as follows:

(5 ILCS 140/2) (from Ch. 116, par. 202)

Sec. 2. Definitions. As used in this Act:

(a) "Public body" means any legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act or the Children and Family Services Citizens' Review Board.

(b) "Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.

(c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public body. "Public records" includes, but is expressly not limited to: (i) administrative manuals, procedural rules, and instructions to staff, unless exempted by Section 7(p) of this Act; (ii) final opinions and orders made in the adjudication of cases, except an educational institution's adjudication of student or employee grievance or disciplinary cases; (iii) substantive rules; (iv) statements and interpretations of policy which have been adopted by a public body; (v) final planning policies, recommendations, and decisions; (vi) factual reports, inspection reports, and studies whether prepared by or for the public body; (vii) all information in any account, voucher, or contract dealing with the receipt or expenditure of public or other funds of public bodies; (viii) the names, salaries, titles, and dates of employment of all employees and officers of public bodies; (ix) materials containing opinions concerning the rights of the state, the public, a subdivision of state or a local government, or of any private persons; (x) the name of every official and the final records of voting in all proceedings of public bodies; (xi) applications for any contract, permit, grant, or agreement except as exempted from disclosure by subsection (g) of Section 7 of this Act; (xii) each report, document, study, or publication prepared by independent consultants or other independent contractors for the public body; (xiii) all other information required by law to be made available for public inspection or copying; (xiv) information relating to any grant or contract made by or between a public body and another public body or private organization; (xv) waiver documents filed with the State Superintendent of Education or the president of the University of Illinois under Section 30-12.5 of the School Code, concerning nominees for General Assembly scholarships under Sections 30-9, 30-10, and 30-11 of the School Code; (xvi) complaints, results of complaints, and Department of Children and Family Services staff findings of licensing violations at day care facilities, provided that personal and identifying information is not released; and (xvii) records, reports, forms, writings, letters, memoranda, books, papers, and other documentary information, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed, or under the control of the Illinois Sports Facilities Authority dealing with the receipt or expenditure of public funds or other funds of the Authority in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of an existing "facility" as that term is defined in the Illinois Sports Facilities Authority Act.

(d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means.

(e) "Head of the public body" means the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person's duly authorized designee.

(f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

(Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; 92-468, eff. 8-22-01; 92-547, eff. 6-13-02; 92-651, eff. 7-11-02.)