HB0617 95TH GENERAL ASSEMBLY

LRB095 05208 RCE 25282 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0617

Introduced 2/5/2007, by Rep. Ron Stephens - Thomas Holbrook

SYNOPSIS AS INTRODUCED:

20 ILCS 505/35.5

Amends the Children and Family Services Act. Requires the Director to report to the Inspector General concerning completed investigations where abuse or neglect is indicated. Requires continuing reports on actions taken and completed. Authorizes the IG to recommend sanctions against agency staff for actions taken or failed to be taken. Requires public disclosure. Requires the appropriation to the IG to be separate from the appropriation to the Department. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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 35.5 as follows:

(20 ILCS 505/35.5)

Sec. 35.5. Inspector General.

(a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall have the authority to conduct investigations into allegations of or incidents of possible misconduct, misfeasance, malfeasance, or violations of rules, procedures, or laws by any employee, foster parent, service provider, or contractor of the Department of Children and Family Services. The Inspector General shall make recommendations to the Director of Children and Family Services concerning sanctions or disciplinary actions against Department employees or providers of service under contract to the Department. The Director of Children and Family Services shall, within 10 calendar days after the transmittal date of a completed investigation where abuse or neglect is indicated, provide a complete report on the case to the Inspector General. The complete report shall include a written and concise statement of actions taken to protect the child who is the subject of the abuse or neglect report, to prevent re-occurrence, and to eliminate problems identified together with implementation and completion dates for all such actions. The Inspector General shall review the case and the report of the investigation and may recommend additional corrective action. The Director shall provide the Inspector General with an implementation report to the Inspector General on the status of corrective actions implemented, and shall continue sending updated implementation reports every 7 calendar days until corrective action is completed. The Inspector General shall review any implementation plan that takes more than 30 days. The Inspector General may recommend to the Director sanctions to be imposed against agency staff for any actions taken, or not taken, that may have affected the outcome of the case, or jeopardized the protection of the child or children who were the subject of an investigation. The Director shall provide a written response to the Inspector General indicating the status of any sanctions or disciplinary actions against employees or providers of service involving any case for which a report was submitted under this subsection. In any case, information included in the reports to the Inspector General and Department responses shall be subject to the public disclosure requirements of the Abused and Neglected Child Reporting Act. Any investigation conducted by the Inspector General shall be independent and separate from the investigation mandated by the Abused and Neglected Child Reporting Act. The Inspector General shall be appointed for a term of 4 years. The Inspector General shall function independently within the Department of Children and Family Services with respect to be independent of the operations of the Office of Inspector General, including the performance of investigations and issuance of findings and recommendations, Department and shall report to the Director of Children and Family Services and the Governor and perform other duties the Director may designate. The appropriation for the Office of Inspector General shall be separate from the overall appropriation for the Department of Children and Family Services. The Inspector General shall adopt rules as necessary to carry out the functions, purposes, and duties of the office of Inspector General in the Department of Children and Family Services, in accordance with the Illinois Administrative Procedure Act and any other applicable law.

(b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the office. To minimize duplication of efforts, and to assure consistency and conformance with the requirements and procedures established in the B.H. v. Suter consent decree and to share resources when appropriate, the Inspector General shall coordinate his or her activities with the Bureau of Quality Assurance within the Department.

(c) The Inspector General shall be the primary liaison between the Department and the Department of State Police with regard to investigations conducted under the Inspector General's auspices. If the Inspector General determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he or she shall immediately notify the Department of State Police. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.

(d) The Inspector General may recommend to the Department of Children and Family Services, the Department of Public Health, or any other appropriate agency, sanctions to be imposed against service providers under the jurisdiction of or under contract with the Department for the protection of children in the custody or under the guardianship of the Department who received services from those providers. The Inspector General may seek the assistance of the Attorney General or any of the several State's Attorneys in imposing sanctions.

(e) The Inspector General shall at all times be granted access to any foster home, facility, or program operated for or licensed or funded by the Department.

(f) Nothing in this Section shall limit investigations by the Department of Children and Family Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority for child welfare.

(g) The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Act. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Act is guilty of a Class A misdemeanor.

(h) The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Section for the prior fiscal year. The summaries shall detail the imposition of sanctions and the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries also shall include detailed recommended administrative actions and matters for consideration by the General Assembly.

(Source: P.A. 90-512, eff. 8-22-97.)