93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5085

 

Introduced 02/05/04, by Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5f new
20 ILCS 505/34.13 new
20 ILCS 505/34.14 new
30 ILCS 500/35-17 new

    Amends the Children and Family Services Act to create the Children's Services Commission. Provides that the Commission shall recommend ways to more effectively deliver services provided by the State to children and families, to promote inter-agency cooperation relating to the delivery of those services, to more effectively use existing resources, and to eliminate duplication of efforts. Directs the Commission to make recommendations on the abolition of existing boards, committees, and commissions and on the consolidation of the powers and duties of those boards, committees, and commissions into a single entity. Creates the Task Force on Accreditation of Services for Children, which shall develop accreditation standards for foster homes, group homes, community facilities, and other facilities and a 2-year plan for mandatory accreditation for those facilities. Requires employees of the Department of Children and Family Services and independent contractors to possess certain qualifications before providing direct child welfare services. Amends the Illinois Procurement Code to require prospective contractors for child welfare services to prequalify with the Department of Children and Family Services. Effective July 1, 2004.


LRB093 20184 BDD 45929 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5085 LRB093 20184 BDD 45929 b

1     AN ACT concerning services for children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Children and Family Services Act is amended
5 by adding Sections 5f, 34.13, and 34.14 as follows:
 
6     (20 ILCS 505/5f new)
7     Sec. 5f. Qualifications for direct child welfare service
8 employees.
9     (a) After July 1, 2004, a person shall not be hired as a
10 direct child welfare service employee or an independent
11 contractor for direct child welfare services unless that person
12 has (i) a master's degree from an accredited or State-approved
13 graduate school in social work or social welfare, marriage,
14 family, and child counseling, child psychology, child
15 development, or child counseling psychology or (ii) the
16 equivalent education and experience, as determined by the
17 Department. If a person who is, on the effective date of this
18 amendatory Act of the 93rd General Assembly, a direct child
19 welfare service employee or an independent contractor who
20 provides direct child welfare services does not possess the
21 qualifications required by this Section by July 1, 2007, that
22 person's employment or contract shall be terminated.
23     (b) In addition to the requirements of subsection (a),
24 after July 1, 2004, a person shall not be hired as a direct
25 child welfare service employee or an independent contractor for
26 direct child welfare services unless that person has all of the
27 following:
28         (1) At least 3 semester units or 100 days of field
29     practice or experience at the master's level in a public or
30     private social service agency setting.
31         (2) At least 9 semester units of course work related to
32     children and families or 18 months experience in working

 

 

HB5085 - 2 - LRB093 20184 BDD 45929 b

1     with children and families.
2         (3) At least 3 semester units in working with minority
3     populations, 6 months of experience with minority
4     populations, or 6 months in-service training in working
5     with minority populations within the first year of
6     employment as a condition of employment.
7         (4) At least 3 semester units in child welfare or 2
8     years of experience in a public or private child welfare
9     social service setting.
10     (c) As used in this Section, "direct child welfare service
11 employee" means a public or private employee who provides
12 investigative services, foster care services, or family
13 preservation services by or through the Department.
 
14     (20 ILCS 505/34.13 new)
15     Sec. 34.13. Children's Services Commission.
16     (a) There is established within the Department of Children
17 and Family Services the Children's Services Commission. The
18 Commission shall be composed of the following members:
19         (1) The Director or Deputy Director of: the Department
20     of Children and Family Services, the Department of Public
21     Aid, the Department of State Police, and the Department of
22     Public Health; and the Secretary or Assistant Secretary of
23     Human Services.
24         (2) The State Superintendent of Education.
25         (3) One judge of a juvenile court, appointed by the
26     Chief Justice of the Supreme Court.
27         (4) Four members of the House of Representatives, 2 of
28     whom shall be appointed by the Speaker of the House of
29     Representatives and 2 of whom shall be appointed by the
30     Minority Leader of the House of Representatives.
31         (5) Four members of the Senate, 2 of whom shall be
32     appointed by the President of the Senate and 2 of whom
33     shall be appointed by the Minority Leader of the Senate.
34     (b) The Commission shall:
35         (1) Make recommendations on how to encourage greater

 

 

HB5085 - 3 - LRB093 20184 BDD 45929 b

1     inter-agency coordination and cooperation, to provide for
2     more effective utilization of existing resources, and to
3     eliminate duplication of efforts in activities of State
4     agencies that affect the legal rights and well-being of
5     children in Illinois. These recommendations shall include
6     recommendations for (i) the abolition of existing boards,
7     committees, and commissions created under this Act or the
8     Abused and Neglected Child Reporting Act and other State
9     boards, committees, and commissions that deal with child
10     welfare issues and (ii) the consolidation of the powers and
11     duties of those boards, committees, and commissions into a
12     single board, committee, or commission.
13         (2) Develop a plan, to be phased in over a 3-year
14     period, for an integrated system for providing child
15     welfare and child care services to children in this State
16     through State programs.
17         (3) Develop a plan to improve the quality of child
18     welfare programs Statewide. This plan shall include, but
19     not be limited to:
20             (A) Methods for making these programs available to
21         those children and families who need them regardless of
22         their geographic location in the State or their
23         financial limitations.
24             (B) Program recommendations for child welfare
25         services that include child development, education,
26         supervision, health, and social services.
27             (C) Recommendations to address all federal
28         mandates concerning State child welfare programs.
29         (4) Evaluate the Commission's success in fulfilling
30     its duties under this Section.
31         (5) Submit a report to the General Assembly by February
32     1 of each year detailing the Commission's activities and
33     setting forth its recommendations.
34     (c) The Commission shall have an executive director,
35 appointed by the Director of Children and Family Services, and
36 5 staff members who shall be provided by the Department of

 

 

HB5085 - 4 - LRB093 20184 BDD 45929 b

1 Children and Family Services. The costs of the Commission shall
2 be paid from appropriations to the Department of Children and
3 Family Services for that purpose.
 
4     (20 ILCS 505/34.14 new)
5     Sec. 34.14. Accreditation of services for children.
6     (a) There is established within the Department of Children
7 and Family Services the Task Force on Accreditation of Services
8 for Children. The Governor shall convene a meeting of that body
9 on or before July 1, 2004.
10     (b) The Governor shall appoint a minimum of 15 members to
11 the Task Force. Membership of the Task Force shall include, but
12 not be limited to, the following:
13         (1) A representative from the Department of Children
14     and Family Services, the Department of Public Aid, the
15     Department of Public Health, and the Department of Human
16     Services.
17         (2) A representative from the State Board of Education.
18         (3) Four representatives from university research
19     schools with expertise in children's services and,
20     specifically, standards of care.
21         (4) Three professionals in the field of child welfare
22     service delivery who have at least 5 years of direct child
23     welfare service experience and who have a minimum of a
24     Master's level degree in graduate studies related to child
25     welfare service delivery.
26         (5) Two pediatric physicians, at least one of whom is a
27     pediatric psychiatrist, with at least 5 years of direct
28     child welfare servicing experience.
29         (6) One representative with experience in
30     accreditation of agencies serving children.
31     (c) No member serving on the Task Force shall be under
32 contract with the State of Illinois.
33     (d) Members of the Task Force shall receive no compensation
34 related to their service on the Task Force with the exception
35 of departmental employees.

 

 

HB5085 - 5 - LRB093 20184 BDD 45929 b

1     (e) The Task Force may consult with additional persons,
2 advisory entities, and governmental agencies, as the Task Force
3 determines necessary.
4     (f) The Task Force shall develop a 2-year plan for
5 mandatory accreditation of all facilities for children in
6 substitute care, including group homes, foster family
7 agencies, foster family homes, and community treatment
8 facilities, in order to achieve the maximum quality of
9 residential services for children. Accreditation standards
10 shall also be developed for child welfare service personnel who
11 are employed by or are under contract with child welfare
12 agencies.
13     (g) The plan shall include, but not be limited to, all of
14 the following:
15         (1) Proof that the standards of accreditation have been
16     written with the participation of a diverse group of
17     service providers, advocacy organizations, and placement
18     agency personnel.
19         (2) A draft that sets forth accreditation standards
20     that are comprehensive and detailed, are concerned with
21     optimal achievement rather than minimal quality, and
22     provide for continuing and objective evaluation of
23     services.
24         (3) A recommended schedule for implementation of
25     accreditation of residential facilities for children, and
26     a fiscal incentive strategy for programs that become
27     accredited.
28     The Task Force shall report its plan to the Governor and
29 the General Assembly by December 31, 2004.
 
30     Section 10. The Illinois Procurement Code is amended by
31 adding Section 35-17 as follows:
 
32     (30 ILCS 500/35-17 new)
33     Sec. 35-17. Prequalification for child welfare services.
34 The Department of Children and Family Services shall require

 

 

HB5085 - 6 - LRB093 20184 BDD 45929 b

1 prospective contractors for child welfare services, including
2 those contracts involving professional skills, to be
3 prequalified to determine their responsibility and competency
4 to perform the prospective contract. Contractors, including
5 the principals, officers, or directors of a corporation, who
6 engage in political activity to influence the bidding selection
7 process or make political contributions to political office
8 holders who may influence the bidding selection process, are
9 automatically excluded from the bidding process.
 
10     Section 99. Effective date. This Act takes effect on July
11 1, 2004.