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Public Act 92-0471
SB843 Enrolled LRB9202583TAtmA
AN ACT concerning child welfare 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 5c and adding Section 5d as
follows:
(20 ILCS 505/5c)
Sec. 5c. Direct child welfare service employee license.
By January 1, 2000, the Department, in consultation with
private child welfare agencies, shall develop and implement a
direct child welfare service employee license. By January 1,
2001 all child protective investigators and supervisors and
child welfare specialists and supervisors employed by the
Department or its contractors shall be required to
demonstrate sufficient knowledge and skills to obtain and
maintain the license. The Direct Child Welfare Service
Employee License Board of the Department Department shall
have the authority to revoke or suspend the license of anyone
who after a hearing is found to be guilty of misfeasance.
The Department shall promulgate such rules as necessary to
implement this Section.
On or before January 1, 2000, and every year thereafter,
the Department shall submit an annual report to the General
Assembly on the implementation of this Section.
(Source: P.A. 90-608, eff. 6-30-98.)
(20 ILCS 505/5d new)
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 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.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 22, 2001.
Effective August 22, 2001.
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