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90_SB0240sam001
LRB9001118LDdvam02
1 AMENDMENT TO SENATE BILL 240
2 AMENDMENT NO. . Amend Senate Bill 240 by replacing
3 the title with the following:
4 "AN ACT in relation to inspectors general, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Children and Family Services Act is
9 amended by changing Section 35.5 as follows:
10 (20 ILCS 505/35.5)
11 Sec. 35.5. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall have the authority to
14 conduct investigations into allegations of or incidents of
15 possible misconduct, misfeasance, malfeasance, or violations
16 of rules, procedures, or laws by any employee, foster parent,
17 service provider, or contractor of the Department of Children
18 and Family Services. The Inspector General shall make
19 recommendations to the Director of Children and Family
20 Services concerning sanctions or disciplinary actions against
21 Department employees or providers of service under contract
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1 to the Department. Any investigation conducted by the
2 Inspector General shall be independent and separate from the
3 investigation mandated by the Abused and Neglected Child
4 Reporting Act. The Inspector General shall be appointed for
5 a term of 4 years. The Inspector General shall be
6 independent of the operations of the Department and shall
7 report to the Director of Children and Family Services and
8 the Governor and perform other duties the Director may
9 designate.
10 (b) The Inspector General shall have access to all
11 information and personnel necessary to perform the duties of
12 the office. To minimize duplication of efforts, and to
13 assure consistency and conformance with the requirements and
14 procedures established in the B.H. v. Suter consent decree
15 and to share resources when appropriate, the Inspector
16 General shall coordinate his or her activities with the
17 Bureau of Quality Assurance within the Department.
18 (c) The Inspector General shall be the primary liaison
19 between the Department and the Department of State Police
20 with regard to investigations conducted under the Inspector
21 General's auspices. If the Inspector General determines that
22 a possible criminal act has been committed, or that special
23 expertise is required in the investigation, he or she shall
24 immediately notify the Department of State Police. All
25 investigations conducted by the Inspector General shall be
26 conducted in a manner designed to ensure the preservation of
27 evidence for possible use in a criminal prosecution.
28 (d) The Inspector General may recommend to the
29 Department of Children and Family Services, the Department of
30 Public Health, or any other appropriate agency, sanctions to
31 be imposed against service providers under the jurisdiction
32 of or under contract with the Department for the protection
33 of children in the custody or under the guardianship of the
34 Department who received services from those providers. The
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1 Inspector General may seek the assistance of the Attorney
2 General or any of the several State's Attorneys in imposing
3 sanctions.
4 (e) The Inspector General shall at all times be granted
5 access to any foster home, facility, or program operated for
6 or licensed or funded by the Department.
7 (f) Nothing in this Section shall limit investigations
8 by the Department of Children and Family Services that may
9 otherwise be required by law or that may be necessary in that
10 Department's capacity as the central administrative authority
11 for child welfare.
12 (g) The Inspector General shall have the power to
13 subpoena witnesses and compel the production of books and
14 papers pertinent to an investigation authorized by this Act.
15 The power to subpoena or to compel the production of books
16 and papers, however, shall not extend to the person or
17 documents of a labor organization or its representatives
18 insofar as the person or documents of a labor organization
19 relate to the function of representing an employee subject to
20 investigation under this Act. Any person who fails to appear
21 in response to a subpoena or to answer any question or
22 produce any books or papers pertinent to an investigation
23 under this Act, except as otherwise provided in this Section,
24 or who knowingly gives false testimony in relation to an
25 investigation under this Act is guilty of a Class A
26 misdemeanor.
27 (h) The Inspector General shall provide to the General
28 Assembly and the Governor, no later than January 1 of each
29 year, a summary of reports and investigations made under this
30 Section for the prior fiscal year. The summaries shall detail
31 the imposition of sanctions and the final disposition of
32 those recommendations. The summaries shall not contain any
33 confidential or identifying information concerning the
34 subjects of the reports and investigations. The summaries
-4- LRB9001118LDdvam02
1 also shall include detailed recommended administrative
2 actions and matters for consideration by the General
3 Assembly.
4 (Source: P.A. 88-7.)
5 Section 10. The Abused and Neglected Long Term Care
6 Facility Residents Reporting Act is amended by changing
7 Section 6.2 as follows:
8 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
9 (Section scheduled to be repealed on January 1, 2000)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Mental Health and Developmental Disabilities
15 and report to the Director and the Governor. The Inspector
16 General shall investigate reports of suspected abuse or
17 neglect (as those terms are defined in Section 3 of this Act)
18 of patients or residents in any facility operated by the
19 Department of Mental Health and Developmental Disabilities
20 and shall have authority to investigate and take immediate
21 action on reports of abuse or neglect of recipients, whether
22 patients or residents, in any facility or program that is
23 licensed or certified by the Department of Mental Health and
24 Developmental Disabilities or that is funded by the
25 Department of Mental Health and Developmental Disabilities
26 and is not licensed or certified by any agency of the State.
27 At the specific, written request of an agency of the State
28 other than the Department of Mental Health and Developmental
29 Disabilities, the Inspector General may cooperate in
30 investigating reports of abuse and neglect of persons with
31 mental illness or persons with developmental disabilities.
32 The Inspector General shall have no supervision over or
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1 involvement in routine, programmatic, licensure, or
2 certification operations of the Department of Mental Health
3 and Developmental Disabilities or any of its funded agencies.
4 The Inspector General shall promulgate rules establishing
5 minimum requirements for initiating, conducting, and
6 completing investigations. The promulgated rules shall
7 clearly set forth that in instances where 2 or more State
8 agencies could investigate an allegation of abuse or neglect,
9 the Inspector General shall not conduct an investigation that
10 is redundant to an investigation conducted by another State
11 agency. The rules shall establish criteria for determining,
12 based upon the nature of the allegation, the appropriate
13 method of investigation, which may include, but need not be
14 limited to, site visits, telephone contacts, or requests for
15 written responses from agencies. The rules shall also
16 clarify how the Office of the Inspector General shall
17 interact with the licensing unit of the Department of Mental
18 Health and Developmental Disabilities in investigations of
19 allegations of abuse or neglect. Any allegations or
20 investigations of reports made pursuant to this Act shall
21 remain confidential until a final report is completed. Final
22 reports regarding unsubstantiated or unfounded allegations
23 shall remain confidential, except that final reports may be
24 disclosed pursuant to Section 6 of this Act.
25 The Inspector General shall be appointed for a term of 4
26 years.
27 (b) The Inspector General shall within 24 hours after
28 receiving a report of suspected abuse or neglect determine
29 whether the evidence indicates that any possible criminal act
30 has been committed. If he determines that a possible criminal
31 act has been committed, or that special expertise is required
32 in the investigation, he shall immediately notify the
33 Department of State Police. The Department of State Police
34 shall investigate any report indicating a possible murder,
-6- LRB9001118LDdvam02
1 rape, or other felony. All investigations conducted by the
2 Inspector General shall be conducted in a manner designed to
3 ensure the preservation of evidence for possible use in a
4 criminal prosecution.
5 (c) The Inspector General shall, within 10 calendar days
6 after the transmittal date of a completed investigation where
7 abuse or neglect is substantiated or administrative action is
8 recommended, provide a complete report on the case to the
9 Director of Mental Health and Developmental Disabilities and
10 to the agency in which the abuse or neglect is alleged to
11 have happened. There shall be an appeals process for any
12 person or agency that is subject to any action based on a
13 recommendation or recommendations.
14 (d) The Inspector General may recommend to the
15 Departments of Public Health and Mental Health and
16 Developmental Disabilities sanctions to be imposed against
17 facilities under the jurisdiction of the Department of Mental
18 Health and Developmental Disabilities for the protection of
19 residents, including appointment of on-site monitors or
20 receivers, transfer or relocation of residents, and closure
21 of units. The Inspector General may seek the assistance of
22 the Attorney General or any of the several State's attorneys
23 in imposing such sanctions.
24 (e) The Inspector General shall establish and conduct
25 periodic training programs for Department employees
26 concerning the prevention and reporting of neglect and abuse.
27 (f) The Inspector General shall at all times be granted
28 access to any facility operated by the Department, shall
29 establish and conduct unannounced site visits to those
30 facilities at least once annually, and shall be granted
31 access, for the purpose of investigating a report of abuse or
32 neglect, to any facility or program funded by the Department
33 that is subject under the provisions of this Section to
34 investigation by the Inspector General for a report of abuse
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1 or neglect.
2 (g) Nothing in this Section shall limit investigations
3 by the Department of Mental Health and Developmental
4 Disabilities that may otherwise be required by law or that
5 may be necessary in that Department's capacity as the central
6 administrative authority responsible for the operation of
7 State mental health and developmental disability facilities.
8 (h) This Section is repealed on January 1, 2000.
9 (Source: P.A. 89-427, eff. 12-7-95.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 6.2. Inspector General.
12 (a) The Governor shall appoint, and the Senate shall
13 confirm, an Inspector General who shall function within the
14 Department of Human Services and report to the Secretary of
15 Human Services and the Governor. The Inspector General shall
16 investigate reports of suspected abuse or neglect (as those
17 terms are defined in Section 3 of this Act) of patients or
18 residents in any mental health or developmental disabilities
19 facility operated by the Department of Human Services and
20 shall have authority to investigate and take immediate action
21 on reports of abuse or neglect of recipients, whether
22 patients or residents, in any mental health or developmental
23 disabilities facility or program that is licensed or
24 certified by the Department of Human Services (as successor
25 to the Department of Mental Health and Developmental
26 Disabilities) or that is funded by the Department of Human
27 Services (as successor to the Department of Mental Health and
28 Developmental Disabilities) and is not licensed or certified
29 by any agency of the State. At the specific, written request
30 of an agency of the State other than the Department of Human
31 Services (as successor to the Department of Mental Health and
32 Developmental Disabilities), the Inspector General may
33 cooperate in investigating reports of abuse and neglect of
34 persons with mental illness or persons with developmental
-8- LRB9001118LDdvam02
1 disabilities. The Inspector General shall have no
2 supervision over or involvement in routine, programmatic,
3 licensure, or certification operations of the Department of
4 Human Services or any of its funded agencies.
5 The Inspector General shall promulgate rules establishing
6 minimum requirements for initiating, conducting, and
7 completing investigations. The promulgated rules shall
8 clearly set forth that in instances where 2 or more State
9 agencies could investigate an allegation of abuse or neglect,
10 the Inspector General shall not conduct an investigation that
11 is redundant to an investigation conducted by another State
12 agency. The rules shall establish criteria for determining,
13 based upon the nature of the allegation, the appropriate
14 method of investigation, which may include, but need not be
15 limited to, site visits, telephone contacts, or requests for
16 written responses from agencies. The rules shall also
17 clarify how the Office of the Inspector General shall
18 interact with the licensing unit of the Department of Human
19 Services in investigations of allegations of abuse or
20 neglect. Any allegations or investigations of reports made
21 pursuant to this Act shall remain confidential until a final
22 report is completed. Final reports regarding unsubstantiated
23 or unfounded allegations shall remain confidential, except
24 that final reports may be disclosed pursuant to Section 6 of
25 this Act.
26 The Inspector General shall be appointed for a term of 4
27 years.
28 (b) The Inspector General shall within 24 hours after
29 receiving a report of suspected abuse or neglect determine
30 whether the evidence indicates that any possible criminal act
31 has been committed. If he determines that a possible criminal
32 act has been committed, or that special expertise is required
33 in the investigation, he shall immediately notify the
34 Department of State Police. The Department of State Police
-9- LRB9001118LDdvam02
1 shall investigate any report indicating a possible murder,
2 rape, or other felony. All investigations conducted by the
3 Inspector General shall be conducted in a manner designed to
4 ensure the preservation of evidence for possible use in a
5 criminal prosecution.
6 (c) The Inspector General shall, within 10 calendar days
7 after the transmittal date of a completed investigation where
8 abuse or neglect is substantiated or administrative action is
9 recommended, provide a complete report on the case to the
10 Secretary of Human Services and to the agency in which the
11 abuse or neglect is alleged to have happened. There shall be
12 an appeals process for any person or agency that is subject
13 to any action based on a recommendation or recommendations.
14 (d) The Inspector General may recommend to the
15 Departments of Public Health and Human Services sanctions to
16 be imposed against mental health and developmental
17 disabilities facilities under the jurisdiction of the
18 Department of Human Services for the protection of residents,
19 including appointment of on-site monitors or receivers,
20 transfer or relocation of residents, and closure of units.
21 The Inspector General may seek the assistance of the Attorney
22 General or any of the several State's attorneys in imposing
23 such sanctions.
24 (e) The Inspector General shall establish and conduct
25 periodic training programs for Department employees
26 concerning the prevention and reporting of neglect and abuse.
27 (f) The Inspector General shall at all times be granted
28 access to any mental health or developmental disabilities
29 facility operated by the Department, shall establish and
30 conduct unannounced site visits to those facilities at least
31 once annually, and shall be granted access, for the purpose
32 of investigating a report of abuse or neglect, to any
33 facility or program funded by the Department that is subject
34 under the provisions of this Section to investigation by the
-10- LRB9001118LDdvam02
1 Inspector General for a report of abuse or neglect.
2 (g) Nothing in this Section shall limit investigations
3 by the Department of Human Services that may otherwise be
4 required by law or that may be necessary in that Department's
5 capacity as the central administrative authority responsible
6 for the operation of State mental health and developmental
7 disability facilities.
8 (h) This Section is repealed on January 1, 2000.
9 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.".