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92nd General Assembly

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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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