Rep. Ed Sullivan

Filed: 3/24/2016

 

 


 

 


 
09900HB6233ham001LRB099 16688 SMS 45766 a

1
AMENDMENT TO HOUSE BILL 6233

2    AMENDMENT NO. ______. Amend House Bill 6233 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Children and Family Services Act is amended
5by changing Section 5d as follows:
 
6    (20 ILCS 505/5d)
7    Sec. 5d. The Direct Child Welfare Service Employee License
8Board.
9    (a) For purposes of this Section:
10        (1) "Board" means the Direct Child Welfare Service
11    Employee License Board.
12        (2) "Director" means the Director of Children and
13    Family Services.
14    (b) The Direct Child Welfare Service Employee License Board
15is created within the Department of Children and Family
16Services and shall consist of 9 members appointed by the

 

 

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1Director. The Director shall annually designate a chairperson
2and vice-chairperson of the Board. The membership of the Board
3must be composed as follows: (i) 5 licensed professionals from
4the field of human services with a human services degree or
5equivalent course work as required by rule of the Department
6and who are in good standing within their profession, at least
72 of which must be employed in the private not-for-profit
8sector and at least one of which in the public sector; (ii) 2
9faculty members of an accredited university who have child
10welfare experience and are in good standing within their
11profession and (iii) 2 members of the general public who are
12not licensed under this Act or a similar rule and will
13represent consumer interests.
14    In making the first appointments, the Director shall
15appoint 3 members to serve for a term of one year, 3 members to
16serve for a term of 2 years, and 3 members to serve for a term
17of 3 years, or until their successors are appointed and
18qualified. Their successors shall be appointed to serve 3-year
19terms, or until their successors are appointed and qualified.
20Appointments to fill unexpired vacancies shall be made in the
21same manner as original appointments. No member may be
22reappointed if a reappointment would cause that member to serve
23on the Board for longer than 6 consecutive years. Board
24membership must have reasonable representation from different
25geographic areas of Illinois, and all members must be residents
26of this State.

 

 

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1    The Director may terminate the appointment of any member
2for good cause, including but not limited to (i) unjustified
3absences from Board meetings or other failure to meet Board
4responsibilities, (ii) failure to recuse himself or herself
5when required by subsection (c) of this Section or Department
6rule, or (iii) failure to maintain the professional position
7required by Department rule. No member of the Board may have a
8pending or indicated report of child abuse or neglect or a
9pending complaint or criminal conviction of any of the offenses
10or any conditions set forth in subsection paragraph (b) of
11Section 4.2 of the Child Care Act of 1969.
12    The members of the Board shall receive no compensation for
13the performance of their duties as members, but each member
14shall be reimbursed for his or her reasonable and necessary
15expenses incurred in attending the meetings of the Board.
16    (c) The Board shall make recommendations to the Director
17regarding licensure rules. Board members must recuse
18themselves from sitting on any matter involving an employee of
19a child welfare agency at which the Board member is an employee
20or contractual employee. The Board shall make a final
21determination concerning revocation, suspension, or
22reinstatement of an employee's direct child welfare service
23license after a hearing conducted under the Department's rules.
24Upon notification of the manner of the vote to all the members,
25votes on a final determination may be cast in person, by
26telephonic or electronic means, or by mail at the discretion of

 

 

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1the chairperson. A simple majority of the members appointed and
2serving is required when Board members vote by mail or by
3telephonic or electronic means. A majority of the currently
4appointed and serving Board members constitutes a quorum. A
5majority of a quorum is required when a recommendation is voted
6on during a Board meeting. A vacancy in the membership of the
7Board shall not impair the right of a quorum to perform all the
8duties of the Board. Board members are not personally liable in
9any action based upon a disciplinary proceeding or otherwise
10for any action taken in good faith as a member of the Board.
11    (d) The Director may assign Department employees to provide
12staffing services to the Board. The Department must promulgate
13any rules necessary to implement and administer the
14requirements of this Section.
15(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
 
16    Section 10. The Child Care Act of 1969 is amended by
17changing Section 4.2 as follows:
 
18    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
19    Sec. 4.2. Criminal convictions or conditions barring
20licensure; waiver.
21    (a) No applicant may receive a license from the Department
22and no person may be employed by a licensed child care facility
23who refuses to authorize an investigation as required by
24Section 4.1.

 

 

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1    (b) No new applicant and, on the date of licensure renewal,
2no current licensee may operate or receive a license from the
3Department to operate and no person may be employed by and no
4adult person may reside in a child care facility licensed by
5the Department, including a foster family home, if that person
6has a criminal conviction or conditions or a pending criminal
7complaint that would result in a conviction as set forth in the
8following:
9        (1) has been convicted of any felony offense within 5
10    years of application for license or employment;
11        (2) has been convicted of a Class X felony;
12        (3) has been convicted of any felony in which the
13    victim was a child under the age of 18;
14        (4) is currently on the Illinois State Police Sex
15    Offender Registry or listed on the National Sex Offender
16    Public Website or was an adult when named as a perpetrator
17    or has a conviction as an adult that would have been
18    subject to the Sex Offender Registration Act;
19        (5) is currently in the Murderer and Violent Offender
20    Against Youth Database as created in subsection (a) of
21    Section 85 of the Murderer and Violent Offender Against
22    Youth Registration Act; or
23        (6) was adjudicated not guilty of an offense by reason
24    of insanity.
25    (c) All other criminal convictions may be waived by the
26Director or by his designee pursuant to this subsection (c).

 

 

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1    All cases in which an applicant for licensure, a licensee,
2an employee of a facility licensed by the Department, or an
3adult person residing in a child care facility licensed by the
4Department, including a foster family home, was convicted of
5any misdemeanor or has a pending criminal complaint that could
6result in a misdemeanor conviction must be reviewed by the
7agency seeking to grant, renew, employ, or issue the license.
8The review shall be in writing and based on the guidelines
9delineated in subsection (d) of this Section. The decision of
10the agency shall be reviewed by the Director of the Department
11or his or her designee for compliance with this Section, and
12the rationale for the decision may be documented and maintained
13in the applicant's file.
14    All cases where an applicant for licensure, a licensee, an
15employee of a facility licensed by the Department, or an adult
16person residing in a child care facility licensed by the
17Department, including a foster family home, was convicted of a
18waivable felony must be reviewed by the Director of the
19Department or his or her designee. The review shall be in
20writing and based on the guidelines delineated in subsection
21(d).
22    All cases where an applicant for licensure, a licensee, an
23employee of a facility licensed by the Department, or an adult
24person residing in a child care facility licensed by the
25Department, including a foster family home, committed a sex
26offense as a minor and is on the Illinois State Police Sex

 

 

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1Offender Registry must be reviewed by the Director of the
2Department or his or her designee. The review shall be in
3writing and based on the guidelines delineated in subsection
4(d).
5    The decision of the Director is final. Denials of waivers
6under this subsection (c) may be appealed pursuant to the
7Illinois Administrative Procedure Act.
8    (d) The Department shall adopt rules governing guidelines
9for granting a waiver, which shall include, but not be limited
10to, consideration of the following factors, and any
11consideration must include access and review of underlying
12criminal conviction documents:
13        (1) the nature of the offense, including the age of the
14    offender when the offense was committed, the relationship
15    between the offender and the victim, the physical or
16    emotional harm caused to the victim, and whether the
17    offense involved a minor, a person adjudicated to be a
18    person with a disability under the Probate Act of 1975, or
19    a person 60 years of age or older;
20        (2) the evidence of rehabilitation, including the
21    length of time that has passed since the offense was
22    committed; whether the individual completed any sentence
23    of incarceration and, if so, when; the circumstances
24    surrounding the commission of the offense; any
25    circumstances that would demonstrate a low or high
26    likelihood of recidivism; the number of offenses for which

 

 

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1    the individual was convicted; employment references;
2    evidence of participation in therapy or services aimed at
3    rehabilitation; academic transcripts; other information
4    that speaks to the individual's character;
5        (3) the relationship between the criminal offense and
6    the license or employment sought, including capacity to
7    care for children or have access to children; the specific
8    duties and responsibilities related to the license or
9    employment sought and the bearing, if any, the offense has
10    on his or her fitness to perform these duties and
11    responsibilities;
12        (4) the disclosure of the conviction, including
13    whether the applicant for licensure, licensee, employee of
14    a facility licensed by the Department, or adult person
15    residing in a child care facility licensed by the
16    Department, including a foster family home, disclosed
17    whether he or she had a criminal background and the
18    circumstances of the conviction; and
19        (5) the existence of a supervisory or monitoring plan
20    that the Department has approved.
21    (e) If any felony criminal offense or complaint is pending,
22the Director cannot issue a waiver until the complaint has been
23resolved. (b) In addition to the other provisions of this
24Section, no applicant may receive a license from the Department
25and no person may be employed by a child care facility licensed
26by the Department who has been declared a sexually dangerous

 

 

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1person under "An Act in relation to sexually dangerous persons,
2and providing for their commitment, detention and
3supervision", approved July 6, 1938, as amended, or convicted
4of committing or attempting to commit any of the following
5offenses stipulated under the Criminal Code of 1961 or the
6Criminal Code of 2012:
7        (1) murder;
8        (1.1) solicitation of murder;
9        (1.2) solicitation of murder for hire;
10        (1.3) intentional homicide of an unborn child;
11        (1.4) voluntary manslaughter of an unborn child;
12        (1.5) involuntary manslaughter;
13        (1.6) reckless homicide;
14        (1.7) concealment of a homicidal death;
15        (1.8) involuntary manslaughter of an unborn child;
16        (1.9) reckless homicide of an unborn child;
17        (1.10) drug-induced homicide;
18        (2) a sex offense under Article 11, except offenses
19    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
20    11-40, and 11-45;
21        (3) kidnapping;
22        (3.1) aggravated unlawful restraint;
23        (3.2) forcible detention;
24        (3.3) harboring a runaway;
25        (3.4) aiding and abetting child abduction;
26        (4) aggravated kidnapping;

 

 

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1        (5) child abduction;
2        (6) aggravated battery of a child as described in
3    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
4        (7) criminal sexual assault;
5        (8) aggravated criminal sexual assault;
6        (8.1) predatory criminal sexual assault of a child;
7        (9) criminal sexual abuse;
8        (10) aggravated sexual abuse;
9        (11) heinous battery as described in Section 12-4.1 or
10    subdivision (a)(2) of Section 12-3.05;
11        (12) aggravated battery with a firearm as described in
12    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
13    (e)(4) of Section 12-3.05;
14        (13) tampering with food, drugs, or cosmetics;
15        (14) drug induced infliction of great bodily harm as
16    described in Section 12-4.7 or subdivision (g)(1) of
17    Section 12-3.05;
18        (15) hate crime;
19        (16) stalking;
20        (17) aggravated stalking;
21        (18) threatening public officials;
22        (19) home invasion;
23        (20) vehicular invasion;
24        (21) criminal transmission of HIV;
25        (22) criminal abuse or neglect of an elderly person or
26    person with a disability as described in Section 12-21 or

 

 

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1    subsection (e) of Section 12-4.4a;
2        (23) child abandonment;
3        (24) endangering the life or health of a child;
4        (25) ritual mutilation;
5        (26) ritualized abuse of a child;
6        (27) an offense in any other jurisdiction the elements
7    of which are similar and bear a substantial relationship to
8    any of the foregoing offenses.
9    (b-1) In addition to the other provisions of this Section,
10beginning January 1, 2004, no new applicant and, on the date of
11licensure renewal, no current licensee may operate or receive a
12license from the Department to operate, no person may be
13employed by, and no adult person may reside in a child care
14facility licensed by the Department who has been convicted of
15committing or attempting to commit any of the following
16offenses or an offense in any other jurisdiction the elements
17of which are similar and bear a substantial relationship to any
18of the following offenses:
 
19
(I) BODILY HARM

 
20        (1) Felony aggravated assault.
21        (2) Vehicular endangerment.
22        (3) Felony domestic battery.
23        (4) Aggravated battery.
24        (5) Heinous battery.

 

 

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1        (6) Aggravated battery with a firearm.
2        (7) Aggravated battery of an unborn child.
3        (8) Aggravated battery of a senior citizen.
4        (9) Intimidation.
5        (10) Compelling organization membership of persons.
6        (11) Abuse and criminal neglect of a long term care
7    facility resident.
8        (12) Felony violation of an order of protection.
 
9
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
10        (1) Felony unlawful use of weapons.
11        (2) Aggravated discharge of a firearm.
12        (3) Reckless discharge of a firearm.
13        (4) Unlawful use of metal piercing bullets.
14        (5) Unlawful sale or delivery of firearms on the
15    premises of any school.
16        (6) Disarming a police officer.
17        (7) Obstructing justice.
18        (8) Concealing or aiding a fugitive.
19        (9) Armed violence.
20        (10) Felony contributing to the criminal delinquency
21    of a juvenile.
 
22
(III) DRUG OFFENSES

 

 

 

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1        (1) Possession of more than 30 grams of cannabis.
2        (2) Manufacture of more than 10 grams of cannabis.
3        (3) Cannabis trafficking.
4        (4) Delivery of cannabis on school grounds.
5        (5) Unauthorized production of more than 5 cannabis
6    sativa plants.
7        (6) Calculated criminal cannabis conspiracy.
8        (7) Unauthorized manufacture or delivery of controlled
9    substances.
10        (8) Controlled substance trafficking.
11        (9) Manufacture, distribution, or advertisement of
12    look-alike substances.
13        (10) Calculated criminal drug conspiracy.
14        (11) Street gang criminal drug conspiracy.
15        (12) Permitting unlawful use of a building.
16        (13) Delivery of controlled, counterfeit, or
17    look-alike substances to persons under age 18, or at truck
18    stops, rest stops, or safety rest areas, or on school
19    property.
20        (14) Using, engaging, or employing persons under 18 to
21    deliver controlled, counterfeit, or look-alike substances.
22        (15) Delivery of controlled substances.
23        (16) Sale or delivery of drug paraphernalia.
24        (17) Felony possession, sale, or exchange of
25    instruments adapted for use of a controlled substance,
26    methamphetamine, or cannabis by subcutaneous injection.

 

 

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1        (18) Felony possession of a controlled substance.
2        (19) Any violation of the Methamphetamine Control and
3    Community Protection Act.
4    (b-1.5) In addition to any other provision of this Section,
5for applicants with access to confidential financial
6information or who submit documentation to support billing, no
7applicant whose initial application was considered after the
8effective date of this amendatory Act of the 97th General
9Assembly may receive a license from the Department or a child
10care facility licensed by the Department who has been convicted
11of committing or attempting to commit any of the following
12felony offenses:
13        (1) financial institution fraud under Section 17-10.6
14    of the Criminal Code of 1961 or the Criminal Code of 2012;
15        (2) identity theft under Section 16-30 of the Criminal
16    Code of 1961 or the Criminal Code of 2012;
17        (3) financial exploitation of an elderly person or a
18    person with a disability under Section 17-56 of the
19    Criminal Code of 1961 or the Criminal Code of 2012;
20        (4) computer tampering under Section 17-51 of the
21    Criminal Code of 1961 or the Criminal Code of 2012;
22        (5) aggravated computer tampering under Section 17-52
23    of the Criminal Code of 1961 or the Criminal Code of 2012;
24        (6) computer fraud under Section 17-50 of the Criminal
25    Code of 1961 or the Criminal Code of 2012;
26        (7) deceptive practices under Section 17-1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012;
2        (8) forgery under Section 17-3 of the Criminal Code of
3    1961 or the Criminal Code of 2012;
4        (9) State benefits fraud under Section 17-6 of the
5    Criminal Code of 1961 or the Criminal Code of 2012;
6        (10) mail fraud and wire fraud under Section 17-24 of
7    the Criminal Code of 1961 or the Criminal Code of 2012;
8        (11) theft under paragraphs (1.1) through (11) of
9    subsection (b) of Section 16-1 of the Criminal Code of 1961
10    or the Criminal Code of 2012.
11    (b-2) Notwithstanding subsection (b-1), the Department may
12make an exception and, for child care facilities other than
13foster family homes, issue a new child care facility license to
14or renew the existing child care facility license of an
15applicant, a person employed by a child care facility, or an
16applicant who has an adult residing in a home child care
17facility who was convicted of an offense described in
18subsection (b-1), provided that all of the following
19requirements are met:
20        (1) The relevant criminal offense occurred more than 5
21    years prior to the date of application or renewal, except
22    for drug offenses. The relevant drug offense must have
23    occurred more than 10 years prior to the date of
24    application or renewal, unless the applicant passed a drug
25    test, arranged and paid for by the child care facility, no
26    less than 5 years after the offense.

 

 

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1        (2) The Department must conduct a background check and
2    assess all convictions and recommendations of the child
3    care facility to determine if hiring or licensing the
4    applicant is in accordance with Department administrative
5    rules and procedures.
6        (3) The applicant meets all other requirements and
7    qualifications to be licensed as the pertinent type of
8    child care facility under this Act and the Department's
9    administrative rules.
10    (c) In addition to the other provisions of this Section, no
11applicant may receive a license from the Department to operate
12a foster family home, and no adult person may reside in a
13foster family home licensed by the Department, who has been
14convicted of committing or attempting to commit any of the
15following offenses stipulated under the Criminal Code of 1961,
16the Criminal Code of 2012, the Cannabis Control Act, the
17Methamphetamine Control and Community Protection Act, and the
18Illinois Controlled Substances Act:
 
19
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
20    (A) KIDNAPPING AND RELATED OFFENSES
21        (1) Unlawful restraint.
 
22    (B) BODILY HARM
23        (2) Felony aggravated assault.

 

 

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1        (3) Vehicular endangerment.
2        (4) Felony domestic battery.
3        (5) Aggravated battery.
4        (6) Heinous battery.
5        (7) Aggravated battery with a firearm.
6        (8) Aggravated battery of an unborn child.
7        (9) Aggravated battery of a senior citizen.
8        (10) Intimidation.
9        (11) Compelling organization membership of persons.
10        (12) Abuse and criminal neglect of a long term care
11    facility resident.
12        (13) Felony violation of an order of protection.
 
13
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
14        (14) Felony theft.
15        (15) Robbery.
16        (16) Armed robbery.
17        (17) Aggravated robbery.
18        (18) Vehicular hijacking.
19        (19) Aggravated vehicular hijacking.
20        (20) Burglary.
21        (21) Possession of burglary tools.
22        (22) Residential burglary.
23        (23) Criminal fortification of a residence or
24    building.

 

 

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1        (24) Arson.
2        (25) Aggravated arson.
3        (26) Possession of explosive or explosive incendiary
4    devices.
 
5
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
6        (27) Felony unlawful use of weapons.
7        (28) Aggravated discharge of a firearm.
8        (29) Reckless discharge of a firearm.
9        (30) Unlawful use of metal piercing bullets.
10        (31) Unlawful sale or delivery of firearms on the
11    premises of any school.
12        (32) Disarming a police officer.
13        (33) Obstructing justice.
14        (34) Concealing or aiding a fugitive.
15        (35) Armed violence.
16        (36) Felony contributing to the criminal delinquency
17    of a juvenile.
 
18
(IV) DRUG OFFENSES

 
19        (37) Possession of more than 30 grams of cannabis.
20        (38) Manufacture of more than 10 grams of cannabis.
21        (39) Cannabis trafficking.
22        (40) Delivery of cannabis on school grounds.

 

 

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1        (41) Unauthorized production of more than 5 cannabis
2    sativa plants.
3        (42) Calculated criminal cannabis conspiracy.
4        (43) Unauthorized manufacture or delivery of
5    controlled substances.
6        (44) Controlled substance trafficking.
7        (45) Manufacture, distribution, or advertisement of
8    look-alike substances.
9        (46) Calculated criminal drug conspiracy.
10        (46.5) Streetgang criminal drug conspiracy.
11        (47) Permitting unlawful use of a building.
12        (48) Delivery of controlled, counterfeit, or
13    look-alike substances to persons under age 18, or at truck
14    stops, rest stops, or safety rest areas, or on school
15    property.
16        (49) Using, engaging, or employing persons under 18 to
17    deliver controlled, counterfeit, or look-alike substances.
18        (50) Delivery of controlled substances.
19        (51) Sale or delivery of drug paraphernalia.
20        (52) Felony possession, sale, or exchange of
21    instruments adapted for use of a controlled substance,
22    methamphetamine, or cannabis by subcutaneous injection.
23        (53) Any violation of the Methamphetamine Control and
24    Community Protection Act.
25    (d) Notwithstanding subsection (c), the Department may
26make an exception and issue a new foster family home license or

 

 

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1may renew an existing foster family home license of an
2applicant who was convicted of an offense described in
3subsection (c), provided all of the following requirements are
4met:
5        (1) The relevant criminal offense or offenses occurred
6    more than 10 years prior to the date of application or
7    renewal.
8        (2) The applicant had previously disclosed the
9    conviction or convictions to the Department for purposes of
10    a background check.
11        (3) After the disclosure, the Department either placed
12    a child in the home or the foster family home license was
13    issued.
14        (4) During the background check, the Department had
15    assessed and waived the conviction in compliance with the
16    existing statutes and rules in effect at the time of the
17    hire or licensure.
18        (5) The applicant meets all other requirements and
19    qualifications to be licensed as a foster family home under
20    this Act and the Department's administrative rules.
21        (6) The applicant has a history of providing a safe,
22    stable home environment and appears able to continue to
23    provide a safe, stable home environment.
24    (e) In evaluating the exception pursuant to subsections
25(b-2) and (d), the Department must carefully review any
26relevant documents to determine whether the applicant, despite

 

 

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1the disqualifying convictions, poses a substantial risk to
2State resources or clients. In making such a determination, the
3following guidelines shall be used:
4        (1) the age of the applicant when the offense was
5    committed;
6        (2) the circumstances surrounding the offense;
7        (3) the length of time since the conviction;
8        (4) the specific duties and responsibilities
9    necessarily related to the license being applied for and
10    the bearing, if any, that the applicant's conviction
11    history may have on his or her fitness to perform these
12    duties and responsibilities;
13        (5) the applicant's employment references;
14        (6) the applicant's character references and any
15    certificates of achievement;
16        (7) an academic transcript showing educational
17    attainment since the disqualifying conviction;
18        (8) a Certificate of Relief from Disabilities or
19    Certificate of Good Conduct; and
20        (9) anything else that speaks to the applicant's
21    character.
22(Source: P.A. 99-143, eff. 7-27-15.)".