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Public Act 102-0045 | ||||
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AN ACT concerning the Department of Children and Family | ||||
Services.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 5d as follows:
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(20 ILCS 505/5d)
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Sec. 5d. The Direct Child Welfare Service Employee License | ||||
Board.
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(a) For purposes of this Section:
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(1) "Board" means the Direct Child Welfare Service | ||||
Employee License
Board.
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(2) "Director" means the Director of Children and | ||||
Family
Services.
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(b) The Direct Child Welfare Service Employee License | ||||
Board is created
within
the Department of Children and Family | ||||
Services and shall consist of 9 members
appointed by the | ||||
Director. The Director shall annually designate a chairperson
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and
vice-chairperson of
the Board. The membership of the
Board
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must be composed as follows: (i) 5 licensed professionals from | ||||
the field of
human
services with a human services , juris | ||||
doctor, medical, public administration, or other relevant | ||||
human services degree or equivalent course work
as required by |
rule of the Department and who are in good standing within | ||
their
profession, at least 2 of which
must be employed in the | ||
private not-for-profit sector and at least one of which
in the | ||
public
sector; (ii) 2
faculty members of an accredited | ||
university who have child welfare experience
and are
in good
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standing within their profession and (iii) 2 members of the | ||
general public who
are not
licensed under this Act or a similar | ||
rule and will represent consumer
interests.
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In making the first appointments, the Director shall | ||
appoint 3 members to
serve
for a term of one year, 3 members to | ||
serve for a term of 2 years, and 3
members to
serve for a term | ||
of 3 years, or until their successors are appointed and
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qualified. Their
successors shall be appointed to serve 3-year | ||
terms, or until their
successors are
appointed and qualified. | ||
Appointments to fill unexpired vacancies shall be
made in the
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same manner as original appointments. No member may be | ||
reappointed if a
reappointment would cause that member to | ||
serve on the Board for longer than 6
consecutive years. Board | ||
membership must have reasonable representation from
different | ||
geographic areas of Illinois, and all members must be | ||
residents of
this State.
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The Director may terminate the appointment of any member | ||
for good cause,
including but not limited to (i) unjustified | ||
absences from Board meetings or
other failure
to meet Board | ||
responsibilities, (ii) failure to recuse himself or herself | ||
when
required by
subsection (c) of this Section or Department |
rule, or (iii) failure to maintain
the professional
position | ||
required by Department rule. No member of the Board may have a
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pending
or indicated report of child abuse or neglect or a | ||
pending complaint or
criminal
conviction of any of the | ||
offenses set forth in paragraph
(b) of Section
4.2 of the Child | ||
Care Act of 1969.
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The members of the Board shall receive no compensation for | ||
the performance of
their duties as members, but each member | ||
shall be reimbursed for his or her
reasonable and
necessary | ||
expenses incurred in attending the meetings of the Board.
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(c) The Board shall make recommendations to the Director | ||
regarding licensure
rules. Board members must recuse | ||
themselves from sitting on any matter
involving an
employee of | ||
a child welfare agency at which the Board member is an employee | ||
or
contractual employee. The Board shall make a final | ||
determination concerning
revocation, suspension, or | ||
reinstatement of an employee's direct child welfare
service
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license after a hearing conducted under the Department's | ||
rules. Upon
notification of the manner of the vote to all the | ||
members, votes on a
final determination may be cast in person, | ||
by
telephonic or
electronic means, or by mail at the | ||
discretion of the chairperson.
A simple majority of the | ||
members appointed and serving is
required
when Board members | ||
vote by mail or by telephonic or electronic means. A
majority | ||
of
the currently appointed and serving Board members | ||
constitutes a quorum. A
majority of
a quorum is required when a |
recommendation is voted on during a Board
meeting. A
vacancy | ||
in the membership of the Board shall not impair the right of a | ||
quorum
to perform
all the duties of the Board. Board members | ||
are not personally liable in any
action based
upon a | ||
disciplinary proceeding or otherwise for any action taken in | ||
good faith
as a
member of the Board.
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(d) The Director may assign Department employees to | ||
provide staffing
services to
the Board. The Department must | ||
promulgate any rules necessary to implement
and administer the | ||
requirements of this Section.
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(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
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Section 10. The Adoption Act is amended by changing | ||
Section 18.9 as follows: | ||
(750 ILCS 50/18.9) | ||
Sec. 18.9. Post-placement and post-adoption support | ||
services. | ||
(a) It is the public policy of this State to find | ||
permanency for children through adoption and to prevent | ||
placement disruption, adoption dissolution, and secondary | ||
placement. Public awareness and access to timely, effective | ||
post-placement and post-adoption support services to provide | ||
resources for children and families is essential to promote | ||
permanency. | ||
(b) The Department shall establish and maintain accessible |
post-placement and post-adoption support services for all | ||
children adopted pursuant to this Act, all children residing | ||
in this State adopted pursuant to the Interstate Compact on | ||
the Placement of Children, all children residing in this State | ||
adopted pursuant to the Intercountry Adoption Act of 2000, and | ||
all former youth in care, as defined by the Children and Family | ||
Services Act, who have been placed in a guardianship. | ||
(b-5) The Department shall establish and maintain a | ||
toll-free number to respond to requests from the public about | ||
its post-placement and post-adoption support services under | ||
subsection (b) and shall staff the toll-free number so that | ||
calls are answered on a timely basis, but in no event more than | ||
one business day after 24 hours from the receipt of a request. | ||
(c) The Department shall publicize information about the | ||
Department's post-placement and post-adoption support services | ||
pursuant to subsection (b) and the toll-free number pursuant | ||
to subsection (b-5) as follows: | ||
(1) it shall post information on the Department's | ||
website; | ||
(2) it shall provide the information to every licensed | ||
child welfare agency, every out of State placement agency | ||
or entity approved under Section 4.1 of this Act, and any | ||
entity providing adoption support services in the Illinois | ||
courts; | ||
(3) it shall reference such information in the | ||
adoptive parents' rights and responsibilities document |
that the Department publishes and that is provided to | ||
adoptive parents under this Act and the Child Care Act. | ||
(4) it shall provide the information, including the | ||
Illinois Post Adoption and Guardianship Services booklet, | ||
to prospective adoptive parents and guardians as part of | ||
its adoption and guardianship training and at the time | ||
they are presented with the Permanency Commitment form; | ||
and | ||
(5) it shall include, in each annual notification | ||
letter mailed to adoptive parents and guardians, a short, | ||
2-sided flier or news bulletin in plain language that | ||
describes access to post-placement and post-adoption | ||
services, how to access Medicaid and Individual Care Grant | ||
or Family Support Program services, the webpage address to | ||
Illinois' Post Adoption and Guardianship Services booklet, | ||
information on how to request that a copy of the booklet be | ||
mailed, and a sticker or magnet that includes the | ||
toll-free number to access the Department's post-placement | ||
and post-adoption support services. | ||
(c-5) The Department shall review and update annually all | ||
information relating to its post-placement and post-adoption | ||
support services, including its Post Adoption and Guardianship | ||
Services booklet, to include updated information on Individual | ||
Care Group or Family Support Program services eligibility and | ||
the post-placement and post-adoption support services that are | ||
available through the Medicaid program or any other State |
program for mental health services. The Department and the | ||
Department of Healthcare and Family Services shall coordinate | ||
their efforts in the development of resources described in | ||
this subsection. | ||
(d) Every licensed child welfare agency, every entity | ||
approved under Section 4.1 of this Act, and any entity | ||
providing adoption support services in the Illinois courts | ||
shall provide the Department's website address and link to the | ||
Department's post-placement and post-adoption support services | ||
information set forth in subsection (c) of this Section, | ||
including the Department's toll-free number, to every adoptive | ||
parent, prospective adoptive parent, and guardian with whom | ||
they work in Illinois. This information shall be provided | ||
prior to placement. | ||
(e) Beginning one year after the effective date of this | ||
amendatory Act of the 101st General Assembly, the Department | ||
shall report annually to the General Assembly on January 15 | ||
the following information for the preceding year: | ||
(1) a description of all post-placement and | ||
post-adoption support services the Department provides; | ||
(2) without identifying the names of the recipients of | ||
the services, the number of guardians, prospective | ||
adoptive parents, and adoptive families in Illinois who | ||
have received the Department's post-placement and | ||
post-adoption support services and the type of services | ||
provided and for each, the length of time between the |
initial contact to the Department to request | ||
post-placement and post-adoption support services and the | ||
first receipt of services, and the type of services | ||
received; | ||
(3) the number of families who have contacted the | ||
Department about its post-placement and post-adoption | ||
support services due to a potential placement disruption, | ||
adoption dissolution, secondary placement, or unregulated | ||
placement, but for whom the Department declined to provide | ||
post-placement and post-adoption support services and the | ||
reasons that services were denied; | ||
(4) the number of placement disruptions, adoption | ||
dissolutions, unregulated placements, and secondary | ||
placements, and for each one: | ||
(A) the type of placement or adoption, including | ||
whether the child who was the subject of the placement | ||
was a youth in care as defined in Section 4d of the | ||
Children and Family Services Act, and if the child was | ||
not a youth in care, whether the adoption was a | ||
private, agency, agency-assisted, interstate, or | ||
intercountry adoption; | ||
(B) if the placement or adoption was intercountry, | ||
the country of birth of the child; | ||
(C) whether the child who was the subject of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement entered |
State custody; | ||
(D) the length of the placement prior to the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(E) the age of the child at the time of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(F) the reason, if known, for the placement | ||
disruption, adoption dissolution, unregulated | ||
placement, or secondary placement; and | ||
(G) if a licensed child welfare agency or any | ||
approved out of State placing entity participated in | ||
the initial placement, and, if applicable, the name of | ||
the agency or approved out of State placing entity; | ||
and | ||
(5) a description of the coordination between the | ||
Department and the Department of Healthcare and Family | ||
Services to develop resources under this subsection, | ||
including, but not limited to, a description of the goals | ||
of such coordination and whether the goals have been met.
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(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20 .)
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