HB4349 103RD GENERAL ASSEMBLY

LRB103 35387 LNS 65452 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4349

Introduced 1/16/2024, by Rep. Steven Reick

SYNOPSIS AS INTRODUCED:

New Act

Creates the 22nd Judicial Circuit Children and Family Services Agency Act (which may be referred to as AJ's Law). Establishes a 22nd Judicial Circuit Children and Family Services Agency for a 5-year period to replace the operations of the Department Children and Family Services within the 22nd Judicial Circuit. Provides that the Agency shall have all powers and duties of the Department. Provides for the appointment of an Executive Director and employment of employees. Provides for requirements for operation of the Agency, including unit-based multidisciplinary teams. Provides for State funding of the Agency after submission of a budget to the Department each year. Provides for the transfer of power and duties back to the Department should the Agency cease operations after the initial 5-year period. Repeals the Act 6 years after the effective date of the Act. Effective immediately.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title; references to Act.

(a) This Act may be cited as the 22nd Judicial Circuit Children and Family Services Agency Act.

(b) This Act may be referred to as AJ's Law.

Section 5. Definitions. As used in this Act:

"Agency" means the 22nd Judicial Circuit Children and Family Services Agency.

"Department" means the Department of Children and Family Services.

Section 10. 22nd Judicial Circuit Children and Family Services Agency; Department transfer of duties.

(a) The 22nd Judicial Circuit Children and Family Services Agency is established. The Agency shall begin operation no earlier than 90 days after the effective date of this Act. Once operations begin, the Agency shall be a full-time Agency of the 22nd Judicial Circuit whose personnel, other than consultants, clinicians, or part-time clerical staff, shall devote full time during business hours to Agency duties.

The 22nd Judicial Circuit shall give the Department at least 45 days' notice as to the date the Agency will begin operations. The Agency will operate for at least 5 full years after the date the Agency began its operations.

(b) On the date the 22nd Judicial Circuit indicated to the Department that it would begin its Agency operations in the notice provided to the Department under subsection (a), the Department's powers and duties under the Children and Family Services Act and the Abused and Neglected Child Reporting Act are assumed by the Agency. Duties under these Acts include, but are not limited to, maintaining and managing current services offered under Acts, investigations, court proceedings, and maintaining and managing the files transferred from the Department and created by the Agency. A 5-member Executive Commission shall determine which portions of the Children and Family Services Act and the Abused and Neglected Child Reporting Act are appropriate to be assumed by the Agency. The Executive Commission shall be led by the Executive Director and shall consist of: one member appointed by the Governor; one member appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Minority Leader of the House of Representatives. The Agency may modify its duties under the Acts if those charges are in the best interests of the children and family in the 22nd Judicial Circuit and by reporting such changes to the Department no earlier than 30 days before any such change.

(c) Once powers and duties are assumed by the Agency under this Section, the Agency shall perform its work in accordance with Department criteria, including any needed revised criteria based upon changes in the Agency's duties reported to the Department under subsection (b).

Section 15. Agency duties; investigatory functions. The Agency shall protect the health, safety, and best interests of children in all situations in which children are vulnerable to child abuse or neglect, offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, stabilize the home environment, and preserve family life whenever possible.

The Agency shall employ policies and procedures to protect children from being abused and neglected as provided for in the Abused and Neglected Child Reporting Act, including, but not limited to, being responsible for receiving and investigating reports of adult resident abuse or neglect. In performing any of these duties, the Agency may utilize protective services of voluntary agencies are available.

Section 20. Executive Director; appointment. The 22nd Judicial Circuit shall appoint an Executive Director of the Agency who shall oversee the Executive Commission appointed under subsection (b) of Section 10. The Executive Director shall possess such qualifications as prescribed by the 22nd Judicial Circuit. The Executive Director of the Agency may appoint such professional employees who meet the qualification requirements of the Agency as allowed by the funds available to the Agency.

Section 25. Employees; facilities.

(a) All investigators and employees of the Agency shall be employees of the 22nd Judicial Circuit with the same qualifications and accreditation as required under the statutes, rules, procedures, and standards governing investigators and employees of the Department. Current employees and contractors of the Department may be employed or contracted by the Agency as deemed appropriate by the Executive Director, including those employees and investigators employed by the State within the facilities of the Department within the 22nd Judicial Circuit. Agency employees shall be enrolled in such benefits and pension programs as deemed appropriate by the Executive Director that would be commensurate with 22nd Judicial Circuit employees within other 22nd Judicial Circuit agencies and departments. 22nd Judicial Circuit employees of the Agency shall be eligible for the same training eligible for similar roles as State employees or contractors of the Department.

(b) The Agency may lease or purchase facilities to operate the Agency and to house its employees and contractors, including leasing or purchasing facilities from the Department.

Section 30. Operations. The Agency will be operated as recommended in the February 2016 report, "The Urgent Need in Illinois for Unit-Based Multidisciplinary Teams to Investigate Child Abuse", published by the Illinois Children's Justice Task Force.

The Agency may contract with the State, units of local government, providers, contractors, and servicers in order to provide its services with the highest standards as determined by the Executive Director and the Agency, including contracts with pediatric child abuse physicians and neglect centers of excellence.

Section 35. Agency funding; continuing appropriation.

(a) No later than 45 days after the effective date of this Act and each year thereafter no later than 45 days before the anniversary of the date the Agency began operations, the Executive Director shall prepare a budget and file the proposed budget with the Director of Children and Family Services. Each budget shall be no less than the total amount of all appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations.

On the date the Agency begins it operations under subsection (a) of Section 10, the Department shall make grants to the 22nd Judicial Circuit for use by the Agency in amounts equal to the moneys the Department was appropriated or otherwise received that the Department would have used for the remainder of the current fiscal year in the 22nd Judicial Circuit. The grants, including those amounts appropriated and transferred to the Department under subsection (b), shall be distributed to the 22nd Judicial Circuit no later than 14 days after the Department receives the applicable moneys and shall continue indefinitely unless the Agency ceases operations under Section 45. For moneys in possession of the Department designated for use in the 22nd Judicial Circuit on the date the Agency begins its operations, those moneys shall be distributed to the 22nd Judicial Circuit no later than 14 days after the Agency began its operations.

(b) For the 5 State fiscal years immediately following the date the Agency begins its operations under subsection (a) of Section 10:

(1) The Governor shall submit to the General Assembly a proposed budget for the Department for use by the 22nd Judicial Circuit in which total General Revenue Fund appropriations are no less than the total amount of all appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations. In addition, the Governor shall specify the total amount of funds to be transferred from all Funds to the Department for use by the 22nd Judicial Circuit during the budget year, which shall be no less than the total amount of all appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations. The Governor may submit a proposed budget in which the total appropriated and transferred amounts the Department for use by the 22nd Judicial Circuit are less than the total amount of all appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations if the Governor declares in writing to the General Assembly the reason for the lesser amounts.

(2) The General Assembly shall appropriate amounts for the Department for use by the 22nd Judicial Circuit for each fiscal year so that the total appropriation from all Funds is no less than the total amount of appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations. In addition, the General Assembly shall legislatively transfer to the Department for use by the 22nd Judicial Circuit for the fiscal year a total amount that is no less than the total amount of all appropriations that were used by the Department in the 22nd Judicial Circuit in the fiscal year immediately preceding the date the Agency began its operations. The General Assembly may appropriate or transfer lesser amounts if it declares by Joint Resolution the reason for the lesser amounts.

Section 40. Reporting; accountability.

(a) The Agency shall issue annual reports to the Department, the Governor, and the General Assembly no later than 30 days after each anniversary of the date the Agency began its operations. The report shall detail the Agency's performance according to standard performance metrics, including, but not limited to, time of response to hotline reports, time of communication of hotline reports among various county stakeholders, including law enforcement, number and quality of indicated reports as measured against the Department's last baseline established in the 22nd Judicial Circuit before the date the Agency began its operations, caseload management by investigators as measured against the Department's last baseline established in the 22nd Judicial Circuit before the date the Agency began its operations, and other metrics as may be recommended by the Executive Director of the Agency, the Director of Children and Family Services, or the Office of the Inspector General of the Department.

(b) The Office of the Inspector General of the Department has the authority to investigate any Agency matter that would otherwise fall within the Inspector General's authority if those matters involved the Department.

Section 45. Agency ceasing operations.

(a) No earlier than 5 years after the Agency began operations, the 22nd Judicial Circuit may cease operations under this Section. Before ceasing operations, the 22nd Judicial Circuit shall give the Department no less than 90 days' notice of the date the Agency will cease operations. On the date the Agency ceases operations, the Department will resume its powers and duties under the Children and Family Services Act and the Abused and Neglected Child Reporting Act and cease all grants to the 22nd Judicial Circuit under this Act.

For moneys in possession of the Agency from grants from the Department on the date the Agency ceases operations, those moneys shall be distributed to the Department no later than 14 days after the Agency ceases its operations.

(b) The Agency shall cease operations on the date of repeal of this Act under Section 50 if the General Assembly has not repealed that Section. On that date, the Department shall resume its powers and duties and the Agency shall distribute moneys as provided in subsection (a).

Section 50. Repeal. This Act is repealed 6 years after the effective date of the Act.

Section 99. Effective date. This Act takes effect upon becoming law.