93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4723


 
Introduced 02/04/04, by David R. Leitch
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 505/2.1









    Amends the Children and Family Services Act. Provides that if the Department of Children and Family Services contracts with a private child welfare agency to provide child welfare services or to provide the arrangement of child welfare services, then the private child welfare agency and its employees shall not, as a result of their acts or omissions, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.



















LRB093 17825 BDD 43506 b




















 


 


A BILL FOR









 














HB4723

LRB093 17825 BDD 43506 b









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    AN ACT concerning children and families.

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


 
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    Section 5. The Children and Family Services Act is amended  
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by changing Section 2.1 as follows:
 



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    (20 ILCS 505/2.1)



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    Sec. 2.1. Sufficient resources required; liability.
The 
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Department shall ensure a sufficient
number of placement and 
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other resources of sufficient quality and variety to
meet the 
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needs of children and families as specified in the individual 
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case
plan in Sec. 6a of this Act.  Nothing in this Sec. shall
be 
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construed to create a private right of action or a judicially 
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enforceable
claim on the part of any individual or agency.
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    If the Department contracts with a private child welfare 
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agency to provide child welfare services or to provide the 
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arrangement of child welfare services, then the private child 
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welfare agency and its employees shall not, as a result of 
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their acts or omissions, be liable for civil damages, unless 
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the acts or omissions constitute willful and wanton misconduct.


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(Source: P.A. 88-614, eff. 9-7-94.)