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1 | | and who refuses or neglects to appear, or to testify, or to |
2 | | produce
books and papers relevant to such investigation, as |
3 | | commanded in such
subpoena, shall be guilty of a Class B |
4 | | misdemeanor. The fees of witnesses
for attendance and travel |
5 | | shall be the same as the fees of witnesses before
the circuit |
6 | | courts of this State. Any circuit court of this State, upon
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7 | | application of the person requesting the hearing or the |
8 | | Department, may
compel the attendance of witnesses, the
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9 | | production of books and papers, and giving of testimony
before |
10 | | the Department or before any authorized officer or employee |
11 | | thereof,
by an attachment for contempt or otherwise, in the |
12 | | same manner as
production of evidence may be compelled before |
13 | | such court. Every person
who, having taken an oath or made |
14 | | affirmation before the Department or any
authorized officer or |
15 | | employee thereof, shall willfully swear or affirm
falsely, |
16 | | shall be guilty of perjury and upon conviction shall be |
17 | | punished
accordingly.
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18 | | (c) Investigations initiated under this Section shall |
19 | | provide
individuals due process of law, including the right to |
20 | | a hearing, to
cross-examine witnesses, to obtain relevant |
21 | | documents, and to present
evidence. Administrative findings |
22 | | shall be subject to the provisions of the
Administrative Review |
23 | | Law.
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24 | | (d) Beginning July 1, 1988, any child protective |
25 | | investigator or
supervisor or child welfare specialist or |
26 | | supervisor employed by the
Department on the
effective date of |
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1 | | this amendatory Act of 1987
shall have completed a training |
2 | | program which shall be instituted by the
Department. The
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3 | | training program shall include, but not be limited to, the |
4 | | following: (1)
training in the detection of symptoms of child |
5 | | neglect and drug abuse; (2)
specialized training for dealing |
6 | | with families and children of drug
abusers; and (3) specific |
7 | | training in child development, family dynamics
and interview |
8 | | techniques. Such program shall conform to the criteria and
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9 | | curriculum developed under Section 4 of the Child Protective |
10 | | Investigator
and Child Welfare Specialist Certification
Act of |
11 | | 1987. Failure to complete such training due to lack of
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12 | | opportunity provided by the Department shall in no way be |
13 | | grounds for any
disciplinary or other action against an |
14 | | investigator or a specialist.
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15 | | The Department shall develop a continuous inservice staff |
16 | | development
program and evaluation system. Each child |
17 | | protective investigator and
supervisor and child welfare |
18 | | specialist and supervisor shall participate in
such program and |
19 | | evaluation and shall complete a minimum of 20 hours of
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20 | | inservice education and training every 2 years in order to |
21 | | maintain certification.
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22 | | Any child protective investigator or child protective |
23 | | supervisor,
or child welfare specialist or child welfare |
24 | | specialist supervisor
hired by
the Department who begins his
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25 | | actual
employment after the effective date of this amendatory |
26 | | Act of 1987, shall
be certified
pursuant
to the Child |
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1 | | Protective Investigator and Child Welfare Specialist
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2 | | Certification Act of 1987 before he
begins such employment. |
3 | | Nothing in this Act shall replace or diminish the
rights of |
4 | | employees under the Illinois Public Labor Relations Act, as
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5 | | amended, or the National Labor Relations Act. In the event of |
6 | | any conflict
between either of those Acts, or any collective
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7 | | bargaining agreement negotiated thereunder, and the provisions |
8 | | of subsections
(d) and (e), the former shall prevail and |
9 | | control.
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10 | | (e) The Department shall develop and implement the |
11 | | following:
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12 | | (1) A
standardized child endangerment risk assessment |
13 | | protocol.
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14 | | (2) Related training
procedures.
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15 | | (3) A standardized method for demonstration of
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16 | | proficiency in
application of the protocol.
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17 | | (4) An evaluation of the reliability and
validity of |
18 | | the protocol.
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19 | | All child protective investigators and supervisors
and child |
20 | | welfare specialists and supervisors employed by the Department |
21 | | or its
contractors shall be required, subsequent to the |
22 | | availability of training under
this Act, to demonstrate |
23 | | proficiency in application of the protocol previous to
being |
24 | | permitted to make decisions about the degree of risk posed to |
25 | | children
for whom they are responsible. The Department shall |
26 | | establish a
multi-disciplinary advisory committee
appointed by |
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1 | | the Director, including but not limited to representatives from
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2 | | the fields of child development, domestic violence, family |
3 | | systems, juvenile
justice, law enforcement, health care, |
4 | | mental health, substance abuse, and
social service to advise |
5 | | the Department and its related contractors in the
development |
6 | | and implementation of the child
endangerment risk assessment |
7 | | protocol, related training, method for
demonstration of |
8 | | proficiency in application of the protocol, and evaluation of
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9 | | the reliability and validity of the protocol. The Department |
10 | | shall develop the
protocol, training curriculum, method for |
11 | | demonstration of proficiency in
application of the protocol and |
12 | | method for evaluation of the reliability and
validity of the |
13 | | protocol by July 1, 1995. Training and demonstration of
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14 | | proficiency in application of the child endangerment risk |
15 | | assessment protocol
for all child protective investigators and |
16 | | supervisors and child welfare
specialists and
supervisors
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17 | | shall be completed
as soon as practicable, but no later than |
18 | | January 1, 1996. The Department
shall submit
to
the General |
19 | | Assembly on or before May 1, 1996, and every year thereafter, |
20 | | an
annual report on the evaluation of the reliability and |
21 | | validity of the child
endangerment risk assessment protocol. |
22 | | The Department shall contract with a
not for profit |
23 | | organization with demonstrated expertise in the field of child
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24 | | endangerment risk assessment to assist in the development and |
25 | | implementation of
the child endangerment risk assessment |
26 | | protocol, related training, method for
demonstration of |
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1 | | proficiency in application of the protocol, and evaluation of
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2 | | the reliability and validity of the protocol.
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3 | | (f) The Department shall provide each parent or guardian |
4 | | and responsible adult caregiver participating in a safety plan |
5 | | a copy of the written safety plan as signed by each parent or |
6 | | guardian and responsible adult caregiver and by a |
7 | | representative of the Department. The Department shall also |
8 | | provide each parent or guardian and responsible adult caregiver |
9 | | safety plan information on their rights and responsibilities |
10 | | that shall include, but need not be limited to, information on |
11 | | how to obtain medical care, emergency phone numbers, and |
12 | | information on how to notify schools or day care providers as |
13 | | appropriate. The Department's representative shall ensure that |
14 | | the safety plan is reviewed and approved by the child |
15 | | protection supervisor. |
16 | | (Source: P.A. 91-61, eff. 6-30-99; 92-154, eff. 1-1-02.)".
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