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Public Act 102-0795


 

Public Act 0795 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0795
 
HB5064 EnrolledLRB102 23832 KTG 33024 b

    AN ACT concerning State government.
 
    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 adding Section 4f as follows:
 
    (20 ILCS 505/4f new)
    Sec. 4f. Transportation providers; compliance
requirements.
    (a) A purchase of service agency under contract with the
Department to provide transportation services to children and
families under this Act must comply with all applicable
federal and State laws and regulations and Department rules.
When the purchase of service agency signs the purchase of
service contract, this signature shall be the agency's
certification of compliance with the applicable laws,
regulations, and rules. Additionally, the signed purchase of
service contract shall be the agency's certification that:
        (1) the agency has trained all of its drivers who
    transport children on behalf of the Department on how to
    properly install and operate an approved child restraint
    system as defined in the Child Passenger Protection Act;
        (2) all drivers possess a valid driver's license and
    have a driving record devoid of any convictions of traffic
    violations or evidence of committing an offense for which
    mandatory revocation would be required upon conviction in
    accordance with Section 6-205 of the Illinois Vehicle
    Code;
        (3) any motor vehicle operated by a driver during the
    transport of any child on behalf of the Department is
    insured as required under the Illinois Vehicle Code and
    such insurance will be maintained throughout the period
    for which the motor vehicle is used to transport any child
    on behalf of the Department, and the driver will not
    operate the motor vehicle unless the required insurance is
    in effect; and
        (4) all vehicles used to transport children on behalf
    of the Department are properly maintained, clean, and
    smoke free with properly functioning heating and air
    conditioner systems that the driver has been instructed to
    utilize as appropriate for the weather conditions.
    A purchase of service agency must provide a designated
telephone number that drivers, parents, foster parents, and
legal guardians can use to communicate with the agency at any
point before or during a scheduled transport or family visit
to notify the agency regarding a late pickup or arrival. The
agency must have staff available to accept all calls to the
designated telephone number.
    (b) Every driver employed by a purchase of service agency
who transports children on behalf of the Department must
submit, as a condition of employment, a signed written
statement certifying that he or she will comply with all
applicable federal and State laws and regulations and
Department rules, and must attest to all of the following in
his or her signed written statement:
        (1) that he or she possesses the requisite knowledge
    to properly install and operate an approved child
    restraint system as defined in the Child Passenger
    Protection Act;
        (2) that he or she possesses a valid driver's license
    and has a driving record devoid of any convictions of
    traffic violations or evidence of committing an offense
    for which mandatory revocation would be required upon
    conviction in accordance with Section 6-205 of the
    Illinois Vehicle Code;
        (3) that the motor vehicle he or she operates to
    transport children on behalf of the Department is insured
    as required under the Illinois Vehicle Code and such
    insurance will be maintained throughout the period for
    which the motor vehicle is used to transport any child on
    behalf of the Department, and he or she will not operate
    the motor vehicle unless the required insurance is in
    effect;
        (4) that the motor vehicle he or she operates to
    transport children on behalf of the Department is properly
    maintained, clean, and smoke free with properly
    functioning heating and air conditioner systems that he or
    she will utilize as appropriate for the weather
    conditions;
        (5) that he or she can effectively communicate with
    the parents, foster parents, or legal guardians of the
    children he or she transports; and
        (6) that, as a condition of employment, he or she has
    consented to and completed a fingerprint-based criminal
    history records check performed by the Illinois State
    Police and the Federal Bureau of Investigation, or some
    other entity that has the ability to check his or her
    fingerprints against the fingerprint records now and
    hereafter filed in the Illinois State Police and Federal
    Bureau of Investigation criminal history records
    databases.
    The Department must conduct annual checks on a purchase of
service agency and the drivers under the agency's employment
to ensure compliance with this Section and all applicable
laws, regulations, and Department rules. The Department may
adopt any rules necessary to implement the provisions of this
Section.

Effective Date: 1/1/2023