(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
Sec. 4.2. Facility staff.
(a) The Department shall describe and
delineate guidelines for each of the facilities it operates regarding the
number and qualifications of the staff required to carry out prescribed
duties. The guidelines shall be based on consideration of recipient needs
as well as professional and programmatic requirements, including those
established for purposes of national accreditation and for certification
under Titles XVIII and XIX of the federal Social Security Act.
(b) As used in this Section, "direct care position" means any
position with the Department in which the job titles which
will regularly or temporarily entail contact with recipients in the
Department's facilities for persons with a mental illness or a developmental
disability.
(c) The Department shall require that each candidate for employment in a
direct
care position, as a condition of employment, shall submit to
a fingerprint-based criminal background investigation
to
determine whether the candidate for employment in a direct care position has
ever been charged with a
crime
and, if
so, the disposition of those charges. This authorization shall indicate the
scope of the
inquiry and the agencies which may be contacted. Upon this authorization, the
Director
(or, on or after July 1, 1997, the Secretary) shall request and receive
information and assistance from any federal,
State or local governmental agency as part of the authorized investigation.
The Illinois State Police shall provide information
concerning any criminal charges, and their disposition, now or hereafter filed
against a candidate for employment in a direct care position upon request of
the Department when the request
is made in the form and manner
required by the Illinois State Police.
Information concerning convictions of a candidate for employment in a direct
care position investigated
under this
Section, including the source of the information and any conclusions or
recommendations derived from the information, shall be provided, upon request,
to
the candidate for employment in a direct care position before final action by
the Department on the application.
Information on convictions of
a candidate for employment in a direct care
position under this Act shall be provided to the director of the employing
unit, and,
upon request, to the candidate for employment in a direct care position. Any
information
concerning
criminal charges and the disposition of those charges obtained by the
Department shall
be confidential and may not be transmitted outside the Department, except as
required
in this Act, and may not be transmitted to anyone within the Department except
as
needed
for the purpose of evaluating an application of a candidate for employment in a
direct care
position.
Only information and standards which bear a reasonable and rational relation to
the
performance of a direct care position shall be used by the Department. Any
employee
of the Department or the
Illinois State Police receiving confidential information under this Section who gives
or
causes to be given any confidential information concerning any criminal
convictions of
a candidate for employment in a direct care position shall be guilty of a Class
A
misdemeanor unless
release of the information is authorized by this Section.
A Department employing unit may hire, on a probationary basis, any candidate
for employment in a
direct care position, authorizing a criminal background investigation under
this
Section, pending the result of the investigation. A candidate for employment
in
a direct care position shall be notified
before he or she is hired
that his or her employment may be terminated on the basis of criminal
background
information obtained by the employing unit.
No person may be employed in a direct care position who refuses to authorize
an investigation as required by this subsection (c).
(Source: P.A. 102-538, eff. 8-20-21.)
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