Full Text of SB2909 098th General Assembly
SB2909enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 21 as follows:
| 6 | | (20 ILCS 505/21) (from Ch. 23, par. 5021)
| 7 | | Sec. 21. Investigative powers; training.
| 8 | | (a) To make such investigations as it may deem necessary to | 9 | | the
performance of its duties.
| 10 | | (b) In the course of any such investigation any
qualified | 11 | | person authorized by the Director may administer oaths and | 12 | | secure
by its subpoena both the attendance and testimony of | 13 | | witnesses and the
production of books and papers relevant to | 14 | | such investigation. Any person
who is served with a subpoena by | 15 | | the Department to appear and testify or to
produce books and | 16 | | papers, in the course of an investigation authorized by
law, | 17 | | and who refuses or neglects to appear, or to testify, or to | 18 | | produce
books and papers relevant to such investigation, as | 19 | | commanded in such
subpoena, shall be guilty of a Class B | 20 | | misdemeanor. The fees of witnesses
for attendance and travel | 21 | | shall be the same as the fees of witnesses before
the circuit | 22 | | courts of this State. Any circuit court of this State, upon
| 23 | | application of the person requesting the hearing or the |
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| 1 | | Department, may
compel the attendance of witnesses, the
| 2 | | production of books and papers, and giving of testimony
before | 3 | | the Department or before any authorized officer or employee | 4 | | thereof,
by an attachment for contempt or otherwise, in the | 5 | | same manner as
production of evidence may be compelled before | 6 | | such court. Every person
who, having taken an oath or made | 7 | | affirmation before the Department or any
authorized officer or | 8 | | employee thereof, shall willfully swear or affirm
falsely, | 9 | | shall be guilty of perjury and upon conviction shall be | 10 | | punished
accordingly.
| 11 | | (c) Investigations initiated under this Section shall | 12 | | provide
individuals due process of law, including the right to | 13 | | a hearing, to
cross-examine witnesses, to obtain relevant | 14 | | documents, and to present
evidence. Administrative findings | 15 | | shall be subject to the provisions of the
Administrative Review | 16 | | Law.
| 17 | | (d) Beginning July 1, 1988, any child protective | 18 | | investigator or
supervisor or child welfare specialist or | 19 | | supervisor employed by the
Department on the
effective date of | 20 | | this amendatory Act of 1987
shall have completed a training | 21 | | program which shall be instituted by the
Department. The
| 22 | | training program shall include, but not be limited to, the | 23 | | following: (1)
training in the detection of symptoms of child | 24 | | neglect and drug abuse; (2)
specialized training for dealing | 25 | | with families and children of drug
abusers; and (3) specific | 26 | | training in child development, family dynamics
and interview |
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| 1 | | techniques. Such program shall conform to the criteria and
| 2 | | curriculum developed under Section 4 of the Child Protective | 3 | | Investigator
and Child Welfare Specialist Certification
Act of | 4 | | 1987. Failure to complete such training due to lack of
| 5 | | opportunity provided by the Department shall in no way be | 6 | | grounds for any
disciplinary or other action against an | 7 | | investigator or a specialist.
| 8 | | The Department shall develop a continuous inservice staff | 9 | | development
program and evaluation system. Each child | 10 | | protective investigator and
supervisor and child welfare | 11 | | specialist and supervisor shall participate in
such program and | 12 | | evaluation and shall complete a minimum of 20 hours of
| 13 | | inservice education and training every 2 years in order to | 14 | | maintain certification.
| 15 | | Any child protective investigator or child protective | 16 | | supervisor,
or child welfare specialist or child welfare | 17 | | specialist supervisor
hired by
the Department who begins his
| 18 | | actual
employment after the effective date of this amendatory | 19 | | Act of 1987, shall
be certified
pursuant
to the Child | 20 | | Protective Investigator and Child Welfare Specialist
| 21 | | Certification Act of 1987 before he
begins such employment. | 22 | | Nothing in this Act shall replace or diminish the
rights of | 23 | | employees under the Illinois Public Labor Relations Act, as
| 24 | | amended, or the National Labor Relations Act. In the event of | 25 | | any conflict
between either of those Acts, or any collective
| 26 | | bargaining agreement negotiated thereunder, and the provisions |
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| 1 | | of subsections
(d) and (e), the former shall prevail and | 2 | | control.
| 3 | | (e) The Department shall develop and implement the | 4 | | following:
| 5 | | (1) A
standardized child endangerment risk assessment | 6 | | protocol.
| 7 | | (2) Related training
procedures.
| 8 | | (3) A standardized method for demonstration of
| 9 | | proficiency in
application of the protocol.
| 10 | | (4) An evaluation of the reliability and
validity of | 11 | | the protocol.
| 12 | | All child protective investigators and supervisors
and child | 13 | | welfare specialists and supervisors employed by the Department | 14 | | or its
contractors shall be required, subsequent to the | 15 | | availability of training under
this Act, to demonstrate | 16 | | proficiency in application of the protocol previous to
being | 17 | | permitted to make decisions about the degree of risk posed to | 18 | | children
for whom they are responsible. The Department shall | 19 | | establish a
multi-disciplinary advisory committee
appointed by | 20 | | the Director, including but not limited to representatives from
| 21 | | the fields of child development, domestic violence, family | 22 | | systems, juvenile
justice, law enforcement, health care, | 23 | | mental health, substance abuse, and
social service to advise | 24 | | the Department and its related contractors in the
development | 25 | | and implementation of the child
endangerment risk assessment | 26 | | protocol, related training, method for
demonstration of |
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| 1 | | proficiency in application of the protocol, and evaluation of
| 2 | | the reliability and validity of the protocol. The Department | 3 | | shall develop the
protocol, training curriculum, method for | 4 | | demonstration of proficiency in
application of the protocol and | 5 | | method for evaluation of the reliability and
validity of the | 6 | | protocol by July 1, 1995. Training and demonstration of
| 7 | | proficiency in application of the child endangerment risk | 8 | | assessment protocol
for all child protective investigators and | 9 | | supervisors and child welfare
specialists and
supervisors
| 10 | | shall be completed
as soon as practicable, but no later than | 11 | | January 1, 1996. The Department
shall submit
to
the General | 12 | | Assembly on or before May 1, 1996, and every year thereafter, | 13 | | an
annual report on the evaluation of the reliability and | 14 | | validity of the child
endangerment risk assessment protocol. | 15 | | The Department shall contract with a
not for profit | 16 | | organization with demonstrated expertise in the field of child
| 17 | | endangerment risk assessment to assist in the development and | 18 | | implementation of
the child endangerment risk assessment | 19 | | protocol, related training, method for
demonstration of | 20 | | proficiency in application of the protocol, and evaluation of
| 21 | | the reliability and validity of the protocol.
| 22 | | (f) The Department shall provide each parent or guardian | 23 | | and responsible adult caregiver participating in a safety plan | 24 | | a copy of the written safety plan as signed by each parent or | 25 | | guardian and responsible adult caregiver and by a | 26 | | representative of the Department. The Department shall also |
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| 1 | | provide each parent or guardian and responsible adult caregiver | 2 | | safety plan information on their rights and responsibilities | 3 | | that shall include, but need not be limited to, information on | 4 | | how to obtain medical care, emergency phone numbers, and | 5 | | information on how to notify schools or day care providers as | 6 | | appropriate. The Department's representative shall ensure that | 7 | | the safety plan is reviewed and approved by the child | 8 | | protection supervisor. | 9 | | (Source: P.A. 91-61, eff. 6-30-99; 92-154, eff. 1-1-02.)
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