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Public Act 102-0045


 

Public Act 0045 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0045
 
HB0019 EnrolledLRB102 02776 KTG 12783 b

    AN ACT concerning the Department of Children and Family
Services.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 5d as follows:
 
    (20 ILCS 505/5d)
    Sec. 5d. The Direct Child Welfare Service Employee License
Board.
    (a) For purposes of this Section:
        (1) "Board" means the Direct Child Welfare Service
    Employee License Board.
        (2) "Director" means the Director of Children and
    Family Services.
    (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
and vice-chairperson of the Board. The membership of the Board
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
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.
    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
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
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.
    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
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.
    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.
    (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
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.
    (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.
(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
 
    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.
(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20.)

Effective Date: 1/1/2022