State of Illinois
90th General Assembly

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      20 ILCS 505/35.5
          Amends the Children and Family  Services  Act  concerning
      the Inspector General.  Makes technical changes.
 1        AN  ACT  to amend the Children and Family Services Act by
 2    changing Section 35.5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Children  and  Family  Services Act is
 6    amended by changing Section 35.5 as follows:
 7        (20 ILCS 505/35.5)
 8        Sec. 35.5.  Inspector General.
 9        (a)  The Governor shall appoint,  and  the  Senate  shall
10    confirm, an Inspector General who shall have the authority to
11    conduct  investigations  into  allegations of or incidents of
12    possible misconduct, misfeasance, malfeasance, or  violations
13    of rules, procedures, or laws by any employee, foster parent,
14    service provider, or contractor of the Department of Children
15    and  Family  Services.   The  Inspector  General  shall  make
16    recommendations  to  the  Director  of  Children  and  Family
17    Services concerning sanctions or disciplinary actions against
18    Department  employees  or providers of service under contract
19    to  the  Department.   Any  investigation  conducted  by  the
20    Inspector General shall be independent and separate from  the
21    investigation  mandated  by  the  Abused  and Neglected Child
22    Reporting Act.  The Inspector General shall be appointed  for
23    a   term   of  4  years.   The  Inspector  General  shall  be
24    independent of the operations of  the  Department  and  shall
25    report  to  the  Director of Children and Family Services and
26    perform other duties the Director may designate.
27        (b)  The Inspector  General  shall  have  access  to  all
28    information  and personnel necessary to perform the duties of
29    the office.  To  minimize  duplication  of  efforts,  and  to
30    assure  consistency and conformance with the requirements and
31    procedures established in the B.H. v. Suter  consent  decree,
                            -2-                LRB9003184PTcw
 1    and  to  share  resources  when  appropriate,  the  Inspector
 2    General  shall  coordinate  his  or  her  activities with the
 3    Bureau of Quality Assurance within the Department.
 4        (c)  The Inspector General shall be the  primary  liaison
 5    between  the  Department  and  the Department of State Police
 6    with regard to investigations conducted under  the  Inspector
 7    General's  auspices. If the Inspector General determines that
 8    a possible criminal act has been committed, or  that  special
 9    expertise  is  required in the investigation, he or she shall
10    immediately  notify  the  Department  of  State  Police.  All
11    investigations conducted by the Inspector  General  shall  be
12    conducted  in a manner designed to ensure the preservation of
13    evidence for possible use in a criminal prosecution.
14        (d)  The  Inspector  General   may   recommend   to   the
15    Department of Children and Family Services, the Department of
16    Public  Health, or any other appropriate agency, sanctions to
17    be imposed against service providers under  the  jurisdiction
18    of  or  under contract with the Department for the protection
19    of children in the custody or under the guardianship  of  the
20    Department  who  received  services from those providers. The
21    Inspector General may seek the  assistance  of  the  Attorney
22    General  or  any of the several State's Attorneys in imposing
23    sanctions.
24        (e)  The Inspector General shall at all times be  granted
25    access  to any foster home, facility, or program operated for
26    or licensed or funded by the Department.
27        (f)  Nothing in this Section shall  limit  investigations
28    by  the  Department  of Children and Family Services that may
29    otherwise be required by law or that may be necessary in that
30    Department's capacity as the central administrative authority
31    for child welfare.
32        (g)  The  Inspector  General  shall  have  the  power  to
33    subpoena witnesses and compel the  production  of  books  and
34    papers  pertinent to an investigation authorized by this Act.
                            -3-                LRB9003184PTcw
 1    The power to subpoena or to compel the  production  of  books
 2    and  papers,  however,  shall  not  extend  to  the person or
 3    documents of a  labor  organization  or  its  representatives
 4    insofar  as  the  person or documents of a labor organization
 5    relate to the function of representing an employee subject to
 6    investigation under this Act.  Any person who fails to appear
 7    in response to a  subpoena  or  to  answer  any  question  or
 8    produce  any  books  or  papers pertinent to an investigation
 9    under this Act, except as otherwise provided in this Section,
10    or who knowingly gives false  testimony  in  relation  to  an
11    investigation   under  this  Act  is  guilty  of  a  Class  A
12    misdemeanor.
13        (h)  The Inspector General shall provide to  the  General
14    Assembly  and  the  Governor, no later than January 1 of each
15    year, a summary of reports and investigations made under this
16    Section for the prior fiscal year. The summaries shall detail
17    the imposition of sanctions  and  the  final  disposition  of
18    those  recommendations.   The summaries shall not contain any
19    confidential  or  identifying  information   concerning   the
20    subjects  of  the  reports  and investigations. The summaries
21    also  shall  include  detailed   recommended   administrative
22    actions   and   matters  for  consideration  by  the  General
23    Assembly.
24    (Source: P.A. 88-7.)

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