Public Act 102-0045
 
HB0019 EnrolledLRB102 02776 KTG 12783 b


  
    AN ACT concerning the Department of Children and Family 
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 5d as follows:
 



    (20 ILCS 505/5d)



    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, juris 
doctor, medical, public administration, or other relevant 
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.

(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)

  
 
    Section 10. The Adoption Act is amended  by changing 
Section 18.9 as follows:
 
    (750 ILCS 50/18.9)
    Sec. 18.9. Post-placement and post-adoption support 
services.
    (a) It is the public policy of this State to find 
permanency for children through adoption and to prevent 
placement disruption, adoption dissolution, and secondary 
placement. Public awareness and access to timely, effective 
post-placement and post-adoption support services to provide 
resources for children and families is essential to promote 
permanency.
    (b) The Department shall establish and maintain accessible 
post-placement and post-adoption support services for all 
children adopted pursuant to this Act, all children residing 
in this State adopted pursuant to the Interstate Compact on 
the Placement of Children, all children residing in this State 
adopted pursuant to the Intercountry Adoption Act of 2000, and 
all former youth in care, as defined by the Children and Family 
Services Act, who have been placed in a guardianship.
    (b-5) The Department shall establish and maintain a 
toll-free number to respond to requests from the public about 
its post-placement and post-adoption support services under 
subsection (b) and shall staff the toll-free number so that 
calls are answered on a timely basis, but in no event more than 
one business day after 24 hours from the receipt of a request. 
    (c) The Department shall publicize information about the 
Department's post-placement and post-adoption support services 
pursuant to subsection (b) and the toll-free number pursuant 
to subsection (b-5) as follows:
        (1) it shall post information on the Department's 
    website;
        (2) it shall provide the information to every licensed 
    child welfare agency, every out of State placement agency 
    or entity approved under Section 4.1 of this Act, and any 
    entity providing adoption support services in the Illinois 
    courts;
        (3) it shall reference such information in the 
    adoptive parents' rights and responsibilities document 
    that the Department publishes and that is provided to 
    adoptive parents under this Act and the Child Care Act.
        (4) it shall provide the information, including the 
    Illinois Post Adoption and Guardianship Services booklet, 
    to prospective adoptive parents and guardians as part of 
    its adoption and guardianship training and at the time 
    they are presented with the Permanency Commitment form; 
    and
        (5) it shall include, in each annual notification 
    letter mailed to adoptive parents and guardians, a short, 
    2-sided flier or news bulletin in plain language that 
    describes access to post-placement and post-adoption 
    services, how to access Medicaid and Individual Care Grant 
    or Family Support Program services, the webpage address to 
    Illinois' Post Adoption and Guardianship Services booklet, 
    information on how to request that a copy of the booklet be 
    mailed, and a sticker or magnet that includes the 
    toll-free number to access the Department's post-placement 
    and post-adoption support services.
    (c-5) The Department shall review and update annually all 
information relating to its post-placement and post-adoption 
support services, including its Post Adoption and Guardianship 
Services booklet, to include updated information on Individual 
Care Group or Family Support Program services eligibility and 
the post-placement and post-adoption support services that are 
available through the Medicaid program or any other State 
program for mental health services. The Department and the 
Department of Healthcare and Family Services shall coordinate 
their efforts in the development of resources described in 
this subsection. 
    (d) Every licensed child welfare agency, every entity 
approved under Section 4.1 of this Act, and any entity 
providing adoption support services in the Illinois courts 
shall provide the Department's website address and link to the 
Department's post-placement and post-adoption support services 
information set forth in subsection (c) of this Section, 
including the Department's toll-free number, to every adoptive 
parent, prospective adoptive parent, and guardian with whom 
they work in Illinois.  This information shall be provided 
prior to placement.
    (e) Beginning one year after the effective date of this 
amendatory Act of the 101st General Assembly, the Department 
shall report annually to the General Assembly on January 15 
the following information for the preceding year:
        (1) a description of all post-placement and 
    post-adoption support services the Department provides;
        (2) without identifying the names of the recipients of 
    the services, the number of guardians, prospective 
    adoptive parents, and adoptive families in Illinois who 
    have received the Department's post-placement and 
    post-adoption support services and the type of services 
    provided and for each, the length of time between the 
    initial contact to the Department to request 
    post-placement and post-adoption support services and the 
    first receipt of services, and the type of services 
    received;
        (3) the number of families who have contacted the 
    Department about its post-placement and post-adoption 
    support services due to a potential placement disruption, 
    adoption dissolution, secondary placement, or unregulated 
    placement, but for whom the Department declined to provide 
    post-placement and post-adoption support services and the 
    reasons that services were denied;
        (4) the number of placement disruptions, adoption 
    dissolutions, unregulated placements, and secondary 
    placements, and for each one:
            (A) the type of placement or adoption, including 
        whether the child who was the subject of the placement 
        was  a youth in care as defined in Section 4d of the 
        Children and Family Services Act, and if the child was 
        not a youth in care, whether the adoption was a  
        private, agency, agency-assisted, interstate, or 
        intercountry adoption;
            (B) if the placement or adoption was intercountry, 
        the country of birth of the child;
            (C) whether the child who was the subject of the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement entered 
        State custody;
            (D) the length of the placement prior to the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement;
            (E) the age of the child at the time of the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement;
            (F) the reason, if known, for the placement 
        disruption, adoption dissolution, unregulated 
        placement, or secondary placement; and
            (G) if a licensed child welfare agency or any 
        approved out of State placing entity participated in 
        the initial placement, and, if applicable, the name of 
        the agency or approved out of State placing entity; 
        and
        (5) a description of the coordination between the 
    Department and the Department of Healthcare and Family 
    Services to develop resources under this subsection, 
    including, but not limited to, a description of the goals 
    of such coordination and whether the goals have been met. 

(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20.)