Full Text of SB0646 100th General Assembly
SB0646ham001 100TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/16/2017
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| 1 | | AMENDMENT TO SENATE BILL 646
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 646 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 12 as follows:
| 6 | | (225 ILCS 10/12) (from Ch. 23, par. 2222)
| 7 | | Sec. 12. Advertisements.
| 8 | | (a) In this Section, "advertise" means communication by any | 9 | | public medium originating or distributed in this State, | 10 | | including, but not limited to, newspapers, periodicals, | 11 | | telephone book listings, outdoor advertising signs, radio, or | 12 | | television. | 13 | | (b) A child care facility or child welfare agency licensed | 14 | | or operating under a permit issued by the Department may | 15 | | publish advertisements for the services that the facility is | 16 | | specifically licensed or issued a permit under this Act to |
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| 1 | | provide. A person, group of persons, agency, association, | 2 | | organization, corporation, institution, center, or group who | 3 | | advertises or causes to be published any advertisement | 4 | | offering, soliciting, or promising to perform adoption | 5 | | services as defined in Section 2.24 of this Act is guilty of a | 6 | | Class A misdemeanor and shall be subject to a fine not to | 7 | | exceed $10,000 or 9 months imprisonment for each advertisement, | 8 | | unless that person, group of persons, agency, association, | 9 | | organization, corporation, institution, center, or group is | 10 | | (i) licensed or operating under a permit issued by the | 11 | | Department as a child care facility or child welfare agency, | 12 | | (ii) a biological parent or a prospective adoptive parent | 13 | | acting on his or her own behalf, or (iii) a licensed attorney | 14 | | advertising his or her availability to provide legal services | 15 | | relating to adoption, as permitted by law. | 16 | | (c) Every advertisement published after the effective date | 17 | | of this amendatory Act of the 94th General Assembly shall | 18 | | include the Department-issued license number of the facility or | 19 | | agency. | 20 | | (d) Any licensed child welfare agency providing adoption | 21 | | services that, after the effective date of this amendatory Act | 22 | | of the 94th General Assembly, causes to be published an | 23 | | advertisement containing reckless or intentional | 24 | | misrepresentations concerning adoption services or | 25 | | circumstances material to the placement of a child for adoption | 26 | | is guilty of a Class A misdemeanor and is subject to a fine not |
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| 1 | | to exceed $10,000 or 9 months imprisonment for each | 2 | | advertisement.
| 3 | | (e) An out-of-state agency that is not licensed in Illinois | 4 | | and that has a written interagency agreement with one or more | 5 | | Illinois licensed child welfare agencies may advertise under | 6 | | this Section, provided that (i) the out-of-state agency must be | 7 | | officially recognized by the United States Internal Revenue | 8 | | Service as a tax-exempt organization under 501(c)(3) of the | 9 | | Internal Revenue Code of 1986 (or any successor provision of | 10 | | federal tax law), (ii) the out-of-state agency provides only | 11 | | international adoption services and is covered by the | 12 | | Intercountry Adoption Act of 2000, (iii) the out-of-state | 13 | | agency displays, in the
advertisement, the license number of at | 14 | | least one of the Illinois licensed child welfare agencies with | 15 | | which it has a written agreement, and (iv) the advertisements | 16 | | pertain only to international adoption services. Subsection | 17 | | (d) of this Section shall apply to any out-of-state agencies | 18 | | described in this subsection (e).
| 19 | | (f) An advertiser, publisher, or broadcaster, including, | 20 | | but not limited to, newspapers, periodicals, telephone book | 21 | | publishers, outdoor advertising signs, radio stations, or | 22 | | television stations, who knowingly or recklessly advertises or | 23 | | publishes any advertisement offering, soliciting, or promising | 24 | | to perform adoption services, as defined in Section 2.24 of | 25 | | this Act, on behalf of a person, group of persons, agency, | 26 | | association, organization, corporation, institution, center, |
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| 1 | | or group, not authorized to advertise under subsection (b) or | 2 | | subsection (e) of this Section, is guilty of a Class A | 3 | | misdemeanor and is subject to a fine not to exceed $10,000 or 9 | 4 | | months imprisonment for each advertisement. | 5 | | (g) The Department shall maintain a website listing child | 6 | | welfare agencies licensed by the Department that provide | 7 | | adoption services and other general information for biological | 8 | | parents and adoptive parents. The website shall include, but | 9 | | not be limited to, agency addresses, phone numbers, e-mail | 10 | | addresses, website addresses, annual reports as referenced in | 11 | | Section 7.6 of this Act, agency license numbers, the Birth | 12 | | Parent Bill of Rights, the Adoptive Parents Bill of Rights, and | 13 | | the Department's complaint registry established under Section | 14 | | 9.1a of this Act. The Department shall adopt any rules | 15 | | necessary to implement this Section.
| 16 | | (h) Nothing in this Act shall prohibit a day care agency, | 17 | | day care center, day care home, or group day care home that | 18 | | does not provide or perform adoption services, as defined in | 19 | | Section 2.24 of this Act, from advertising or marketing the day | 20 | | care agency, day care center, day care home, or group day care | 21 | | home. | 22 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 23 | | Section 10. The Abused and Neglected Child Reporting Act is | 24 | | amended by adding Section 7.4a as follows: |
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| 1 | | (325 ILCS 5/7.4a new) | 2 | | Sec. 7.4a. Domestic violence co-location program. | 3 | | (a) As used in this Section: | 4 | | "Domestic violence co-location program" means a program, | 5 | | administered in partnership with a co-location program | 6 | | management entity, where domestic violence advocates who are | 7 | | trained in domestic violence services and employed through a | 8 | | domestic violence provider are assigned to work in a field | 9 | | office of the Department of Children and Family Services | 10 | | alongside and in collaboration with child welfare | 11 | | investigators and caseworkers working with families where | 12 | | there are indicators of domestic violence. | 13 | | "Domestic violence" has the meaning ascribed to it in the | 14 | | Illinois Domestic Violence Act of 1986. | 15 | | "Co-location program management entity" means the | 16 | | organization that partners with the Department to administer | 17 | | the domestic violence co-location program. | 18 | | (b) Subject to appropriations or the availability of other | 19 | | funds for this purpose, the Department may implement a 5-year | 20 | | pilot program of a domestic violence co-location program. The | 21 | | domestic violence co-location program shall be designed to | 22 | | improve child welfare interventions provided to families | 23 | | experiencing domestic violence in part by enhancing the safety | 24 | | and stability of children, reducing the number of children | 25 | | removed from their parents, and improving outcomes for children | 26 | | within their families through a strength-based and |
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| 1 | | trauma-informed collaborative support program. The pilot | 2 | | program shall occur in no fewer than 3 Department offices. | 3 | | Additional sites may be added during the pilot program, and the | 4 | | pilot program may be expanded and converted into a permanent | 5 | | statewide program. | 6 | | (c) The Department shall adopt rules and procedures and | 7 | | shall develop and facilitate training for the effective | 8 | | implementation of the domestic violence co-location program. | 9 | | The Department shall adopt rules on the qualification | 10 | | requirements for domestic violence advocates participating in | 11 | | the pilot program. | 12 | | (d) The Department shall track, collect, report on, and | 13 | | share data about domestic violence-affected families, | 14 | | including, but not limited to, data related to hotline calls, | 15 | | investigations, protective custody, cases referred to the | 16 | | juvenile court, and outcomes of the domestic violence | 17 | | co-location program. | 18 | | (e) The Department may arrange for an independent, | 19 | | evidence-based evaluation of the domestic violence co-location | 20 | | program authorized and implemented under this Section to | 21 | | determine whether it is meeting its goals. The independent | 22 | | evidence-based evaluation may include, but is not limited to, | 23 | | data regarding: (i) the number of children removed from their | 24 | | parents; (ii) the number of children who remain with the | 25 | | non-offending parent; (iii) the number of indicated and | 26 | | unfounded investigative findings and corresponding allegations |
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| 1 | | of maltreatment for the non-offending parent and domestic | 2 | | violence perpetrator; (iv) the number of referrals to the | 3 | | co-located domestic violence advocates; (v) the number of | 4 | | referrals for services; and (vi) the number of months that | 5 | | children remained in foster care whose cases involved the | 6 | | co-located domestic violence advocate. | 7 | | (f) Following the expiration of the 5-year pilot program or | 8 | | prior to the expiration of the pilot program, if there is | 9 | | evidence that the pilot program is effective, the domestic | 10 | | violence co-location program may expand into each county, | 11 | | investigative office of the Department of Children and Family | 12 | | Services, or purchase of service or other contracted private | 13 | | agency delivering intact family or foster care services in | 14 | | Illinois. | 15 | | (g) Nothing in this Section shall be construed to breach | 16 | | the confidentiality protections provided under State law to | 17 | | domestic violence professionals, including co-located domestic | 18 | | violence advocates, in the provision of services to domestic | 19 | | violence victims as employees of domestic violence agencies or | 20 | | to any individual who receives services from domestic violence | 21 | | agencies. ".
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