(20 ILCS 505/21) (from Ch. 23, par. 5021)
(Text of Section from P.A. 103-22)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary to the
performance of its duties.
(b) In the course of any such investigation any
qualified person authorized by the Director may administer oaths and secure
by its subpoena both the attendance and testimony of witnesses and the
production of books and papers relevant to such investigation. Any person
who is served with a subpoena by the Department to appear and testify or to
produce books and papers, in the course of an investigation authorized by
law, and who refuses or neglects to appear, or to testify, or to produce
books and papers relevant to such investigation, as commanded in such
subpoena, shall be guilty of a Class B misdemeanor. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the circuit courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the Department, may
compel the attendance of witnesses, the
production of books and papers, and giving of testimony
before the Department or before any authorized officer or employee thereof,
by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before such court. Every person
who, having taken an oath or made affirmation before the Department or any
authorized officer or employee thereof, shall willfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall be punished
accordingly.
(c) Investigations initiated under this Section shall provide
individuals due process of law, including the right to a hearing, to
cross-examine witnesses, to obtain relevant documents, and to present
evidence. Administrative findings shall be subject to the provisions of the
Administrative Review Law.
(d) Beginning July 1, 1988, any child protective investigator or
supervisor or child welfare specialist or supervisor employed by the
Department on the
effective date of this amendatory Act of 1987
shall have completed a training program which shall be instituted by the
Department. The
training program shall include, but not be limited to, the following: (1)
training in the detection of symptoms of child neglect and drug abuse; (2)
specialized training for dealing with families and children of drug
abusers; and (3) specific training in child development, family dynamics
and interview techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective Investigator
and Child Welfare Specialist Certification
Act of 1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be grounds for any
disciplinary or other action against an investigator or a specialist.
The Department shall develop a continuous inservice staff development
program and evaluation system. Each child protective investigator and
supervisor and child welfare specialist and supervisor shall participate in
such program and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to maintain certification.
Any child protective investigator or child protective supervisor,
or child welfare specialist or child welfare specialist supervisor
hired by
the Department who begins
actual
employment after the effective date of this amendatory Act of 1987, shall
be certified
pursuant
to the Child Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before beginning such employment. Nothing in this Act shall replace or diminish the
rights of employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of any conflict
between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions of subsections
(d) and (e), the former shall prevail and control.
(e) The Department shall develop and implement the following:
(1) A
standardized child endangerment risk assessment protocol.
(2) Related training
procedures.
(3) A standardized method for demonstration of proficiency in application of the |
(4) An evaluation of the reliability and
validity of the protocol.
All child protective investigators and supervisors
and child welfare specialists and supervisors employed by the Department or its
contractors shall be required, subsequent to the availability of training under
this Act, to demonstrate proficiency in application of the protocol previous to
being permitted to make decisions about the degree of risk posed to children
for whom they are responsible. The Department shall establish a
multi-disciplinary advisory committee
appointed by the Director, including but not limited to representatives from
the fields of child development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health, substance abuse, and
social service to advise the Department and its related contractors in the
development and implementation of the child
endangerment risk assessment protocol, related training, method for
demonstration of proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol. The Department shall develop the
protocol, training curriculum, method for demonstration of proficiency in
application of the protocol and method for evaluation of the reliability and
validity of the protocol by July 1, 1995. Training and demonstration of
proficiency in application of the child endangerment risk assessment protocol
for all child protective investigators and supervisors and child welfare
specialists and
supervisors
shall be completed
as soon as practicable, but no later than January 1, 1996. The Department
shall submit
to
the General Assembly on or before May 1, 1996, and every year thereafter, an
annual report on the evaluation of the reliability and validity of the child
endangerment risk assessment protocol. The Department shall contract with a
not for profit organization with demonstrated expertise in the field of child
endangerment risk assessment to assist in the development and implementation of
the child endangerment risk assessment protocol, related training, method for
demonstration of proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol.
(f) The Department shall provide each parent or guardian and responsible adult caregiver participating in a safety plan a copy of the written safety plan as signed by each parent or guardian and responsible adult caregiver and by a representative of the Department. The Department shall also provide each parent or guardian and responsible adult caregiver safety plan information on their rights and responsibilities that shall include, but need not be limited to, information on how to obtain medical care, emergency phone numbers, and information on how to notify schools or day care providers as appropriate. The Department's representative shall ensure that the safety plan is reviewed and approved by the child protection supervisor.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-460)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary to the
performance of its duties.
(b) In the course of any such investigation any
qualified person authorized by the Director may administer oaths and secure
by its subpoena both the attendance and testimony of witnesses and the
production of books and papers relevant to such investigation. Any person
who is served with a subpoena by the Department to appear and testify or to
produce books and papers, in the course of an investigation authorized by
law, and who refuses or neglects to appear, or to testify, or to produce
books and papers relevant to such investigation, as commanded in such
subpoena, shall be guilty of a Class B misdemeanor. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the circuit courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the Department, may
compel the attendance of witnesses, the
production of books and papers, and giving of testimony
before the Department or before any authorized officer or employee thereof,
by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before such court. Every person
who, having taken an oath or made affirmation before the Department or any
authorized officer or employee thereof, shall willfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall be punished
accordingly.
(c) Investigations initiated under this Section shall provide
individuals due process of law, including the right to a hearing, to
cross-examine witnesses, to obtain relevant documents, and to present
evidence. Administrative findings shall be subject to the provisions of the
Administrative Review Law.
(d) Beginning July 1, 1988, any child protective investigator or
supervisor or child welfare specialist or supervisor employed by the
Department on the
effective date of this amendatory Act of 1987
shall have completed a training program which shall be instituted by the
Department. The
training program shall include, but not be limited to, the following: (1)
training in the detection of symptoms of child neglect and drug abuse; (2)
specialized training for dealing with families and children of drug
abusers; and (3) specific training in child development, family dynamics
and interview techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective Investigator
and Child Welfare Specialist Certification
Act of 1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be grounds for any
disciplinary or other action against an investigator or a specialist.
The Department shall develop a continuous inservice staff development
program and evaluation system. Each child protective investigator and
supervisor and child welfare specialist and supervisor shall participate in
such program and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to maintain certification.
Any child protective investigator or child protective supervisor,
or child welfare specialist or child welfare specialist supervisor
hired by
the Department who begins his
actual
employment after the effective date of this amendatory Act of 1987, shall
be certified
pursuant
to the Child Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he
begins such employment. Nothing in this Act shall replace or diminish the
rights of employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of any conflict
between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions of subsections
(d) and (e), the former shall prevail and control.
(e) The Department shall develop and implement the following:
(1) A
safety-based child welfare intervention system.
(2) Related training
procedures.
(3) A standardized method for demonstration of proficiency in application of the
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All child protective investigators and supervisors
and child welfare specialists and supervisors employed by the Department or its
contractors shall be required, subsequent to the availability of training under
this Act, to demonstrate proficiency in application of the safety-based child welfare intervention system previous to
being permitted to make safety decisions about the children
for whom they are responsible. The Department shall establish a
multi-disciplinary advisory committee
appointed by the Director, including but not limited to representatives from
the fields of child development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health, substance abuse, and
social service to advise the Department and its related contractors in the
development and implementation of the safety-based child welfare intervention system, related training, method for
demonstration of proficiency in application of the safety-based child welfare intervention system, and evaluation of
the reliability and validity of the safety-based child welfare intervention system. The Department shall develop the
safety-based child welfare intervention system, training curriculum, method for demonstration of proficiency in
application of the safety-based child welfare intervention system, and method for evaluation of the reliability and
validity of the safety-based child welfare intervention system. Training and demonstration of
proficiency in application of the safety-based child welfare intervention system
for all child protective investigators and supervisors and child welfare
specialists and
supervisors
shall be completed
as soon as practicable. The Department
shall submit
to
the General Assembly on or before December 31, 2026, and every year thereafter, an
annual report on the evaluation of the reliability and validity of the safety-based child welfare intervention system. The Department shall contract with a
not for profit organization with demonstrated expertise in the field of safety-based child welfare intervention to assist in the development and implementation of
the safety-based child welfare intervention system, related training, method for
demonstration of proficiency in application of the safety-based child welfare intervention system, and evaluation of
the reliability and validity of the safety-based child welfare intervention system.
(f) The Department shall provide each parent or guardian and responsible adult caregiver participating in a safety plan a copy of the written safety plan as signed by each parent or guardian and responsible adult caregiver and by a representative of the Department. The Department shall also provide each parent or guardian and responsible adult caregiver safety plan information on their rights and responsibilities that shall include, but need not be limited to, information on how to obtain medical care, emergency phone numbers, and information on how to notify schools or day care providers as appropriate. The Department's representative shall ensure that the safety plan is reviewed and approved by the child protection supervisor.
(Source: P.A. 103-460, eff. 1-1-24.)
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