101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5004

 

Introduced 2/18/2020, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5d
750 ILCS 50/18.9

    Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of human services with a human services, juris doctorate, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of human services with a human services degree or equivalent course work as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.


LRB101 19328 KTG 68797 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5004LRB101 19328 KTG 68797 b

1    AN ACT concerning the Department of Children and Family
2Services.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Children and Family Services Act is amended
6by changing Section 5d as follows:
 
7    (20 ILCS 505/5d)
8    Sec. 5d. The Direct Child Welfare Service Employee License
9Board.
10    (a) For purposes of this Section:
11        (1) "Board" means the Direct Child Welfare Service
12    Employee License Board.
13        (2) "Director" means the Director of Children and
14    Family Services.
15    (b) The Direct Child Welfare Service Employee License Board
16is created within the Department of Children and Family
17Services and shall consist of 9 members appointed by the
18Director. The Director shall annually designate a chairperson
19and vice-chairperson of the Board. The membership of the Board
20must be composed as follows: (i) 5 licensed professionals from
21the field of human services with a human services, juris
22doctorate, medical, public administration, or other relevant
23human services degree or equivalent course work as required by

 

 

HB5004- 2 -LRB101 19328 KTG 68797 b

1rule of the Department and who are in good standing within
2their profession, at least 2 of which must be employed in the
3private not-for-profit sector and at least one of which in the
4public sector; (ii) 2 faculty members of an accredited
5university who have child welfare experience and are in good
6standing within their profession and (iii) 2 members of the
7general public who are not licensed under this Act or a similar
8rule and will represent consumer interests.
9    In making the first appointments, the Director shall
10appoint 3 members to serve for a term of one year, 3 members to
11serve for a term of 2 years, and 3 members to serve for a term
12of 3 years, or until their successors are appointed and
13qualified. Their successors shall be appointed to serve 3-year
14terms, or until their successors are appointed and qualified.
15Appointments to fill unexpired vacancies shall be made in the
16same manner as original appointments. No member may be
17reappointed if a reappointment would cause that member to serve
18on the Board for longer than 6 consecutive years. Board
19membership must have reasonable representation from different
20geographic areas of Illinois, and all members must be residents
21of this State.
22    The Director may terminate the appointment of any member
23for good cause, including but not limited to (i) unjustified
24absences from Board meetings or other failure to meet Board
25responsibilities, (ii) failure to recuse himself or herself
26when required by subsection (c) of this Section or Department

 

 

HB5004- 3 -LRB101 19328 KTG 68797 b

1rule, or (iii) failure to maintain the professional position
2required by Department rule. No member of the Board may have a
3pending or indicated report of child abuse or neglect or a
4pending complaint or criminal conviction of any of the offenses
5set forth in paragraph (b) of Section 4.2 of the Child Care Act
6of 1969.
7    The members of the Board shall receive no compensation for
8the performance of their duties as members, but each member
9shall be reimbursed for his or her reasonable and necessary
10expenses incurred in attending the meetings of the Board.
11    (c) The Board shall make recommendations to the Director
12regarding licensure rules. Board members must recuse
13themselves from sitting on any matter involving an employee of
14a child welfare agency at which the Board member is an employee
15or contractual employee. The Board shall make a final
16determination concerning revocation, suspension, or
17reinstatement of an employee's direct child welfare service
18license after a hearing conducted under the Department's rules.
19Upon notification of the manner of the vote to all the members,
20votes on a final determination may be cast in person, by
21telephonic or electronic means, or by mail at the discretion of
22the chairperson. A simple majority of the members appointed and
23serving is required when Board members vote by mail or by
24telephonic or electronic means. A majority of the currently
25appointed and serving Board members constitutes a quorum. A
26majority of a quorum is required when a recommendation is voted

 

 

HB5004- 4 -LRB101 19328 KTG 68797 b

1on during a Board meeting. A vacancy in the membership of the
2Board shall not impair the right of a quorum to perform all the
3duties of the Board. Board members are not personally liable in
4any action based upon a disciplinary proceeding or otherwise
5for any action taken in good faith as a member of the Board.
6    (d) The Director may assign Department employees to provide
7staffing services to the Board. The Department must promulgate
8any rules necessary to implement and administer the
9requirements of this Section.
10(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
 
11    Section 10. The Adoption Act is amended by changing Section
1218.9 as follows:
 
13    (750 ILCS 50/18.9)
14    Sec. 18.9. Post-placement and post-adoption support
15services.
16    (a) It is the public policy of this State to find
17permanency for children through adoption and to prevent
18placement disruption, adoption dissolution, and secondary
19placement. Public awareness and access to timely, effective
20post-placement and post-adoption support services to provide
21resources for children and families is essential to promote
22permanency.
23    (b) The Department shall establish and maintain accessible
24post-placement and post-adoption support services for all

 

 

HB5004- 5 -LRB101 19328 KTG 68797 b

1children adopted pursuant to this Act, all children residing in
2this State adopted pursuant to the Interstate Compact on the
3Placement of Children, all children residing in this State
4adopted pursuant to the Intercountry Adoption Act of 2000, and
5all former youth in care, as defined by the Children and Family
6Services Act, who have been placed in a guardianship.
7    (b-5) The Department shall establish and maintain a
8toll-free number to respond to requests from the public about
9its post-placement and post-adoption support services under
10subsection (b) and shall staff the toll-free number so that
11calls are answered on a timely basis, but in no event more than
12one business day after 24 hours from the receipt of a request.
13    (c) The Department shall publicize information about the
14Department's post-placement and post-adoption support services
15pursuant to subsection (b) and the toll-free number pursuant to
16subsection (b-5) as follows:
17        (1) it shall post information on the Department's
18    website;
19        (2) it shall provide the information to every licensed
20    child welfare agency, every out of State placement agency
21    or entity approved under Section 4.1 of this Act, and any
22    entity providing adoption support services in the Illinois
23    courts;
24        (3) it shall reference such information in the adoptive
25    parents' rights and responsibilities document that the
26    Department publishes and that is provided to adoptive

 

 

HB5004- 6 -LRB101 19328 KTG 68797 b

1    parents under this Act and the Child Care Act.
2        (4) it shall provide the information, including the
3    Illinois Post Adoption and Guardianship Services booklet,
4    to prospective adoptive parents and guardians as part of
5    its adoption and guardianship training and at the time they
6    are presented with the Permanency Commitment form; and
7        (5) it shall include, in each annual notification
8    letter mailed to adoptive parents and guardians, a short,
9    2-sided flier or news bulletin in plain language that
10    describes access to post-placement and post-adoption
11    services, how to access Medicaid and Individual Care Grant
12    or Family Support Program services, the webpage address to
13    Illinois' Post Adoption and Guardianship Services booklet,
14    information on how to request that a copy of the booklet be
15    mailed, and a sticker or magnet that includes the toll-free
16    number to access the Department's post-placement and
17    post-adoption support services.
18    (c-5) The Department shall review and update annually all
19information relating to its post-placement and post-adoption
20support services, including its Post Adoption and Guardianship
21Services booklet, to include updated information on Individual
22Care Group or Family Support Program services eligibility and
23the post-placement and post-adoption support services that are
24available through the Medicaid program or any other State
25program for mental health services. The Department and the
26Department of Healthcare and Family Services shall coordinate

 

 

HB5004- 7 -LRB101 19328 KTG 68797 b

1their efforts in the development of resources described in this
2subsection.
3    (d) Every licensed child welfare agency, every entity
4approved under Section 4.1 of this Act, and any entity
5providing adoption support services in the Illinois courts
6shall provide the Department's website address and link to the
7Department's post-placement and post-adoption support services
8information set forth in subsection (c) of this Section,
9including the Department's toll-free number, to every adoptive
10parent, prospective adoptive parent, and guardian with whom
11they work in Illinois. This information shall be provided prior
12to placement.
13    (e) Beginning one year after the effective date of this
14amendatory Act of the 101st General Assembly, the Department
15shall report annually to the General Assembly on January 15 the
16following information for the preceding year:
17        (1) a description of all post-placement and
18    post-adoption support services the Department provides;
19        (2) without identifying the names of the recipients of
20    the services, the number of guardians, prospective
21    adoptive parents, and adoptive families in Illinois who
22    have received the Department's post-placement and
23    post-adoption support services and the type of services
24    provided and for each, the length of time between the
25    initial contact to the Department to request
26    post-placement and post-adoption support services and the

 

 

HB5004- 8 -LRB101 19328 KTG 68797 b

1    first receipt of services, and the type of services
2    received;
3        (3) the number of families who have contacted the
4    Department about its post-placement and post-adoption
5    support services due to a potential placement disruption,
6    adoption dissolution, secondary placement, or unregulated
7    placement, but for whom the Department declined to provide
8    post-placement and post-adoption support services and the
9    reasons that services were denied;
10        (4) the number of placement disruptions, adoption
11    dissolutions, unregulated placements, and secondary
12    placements, and for each one:
13            (A) the type of placement or adoption, including
14        whether the child who was the subject of the placement
15        was a youth in care as defined in Section 4d of the
16        Children and Family Services Act, and if the child was
17        not a youth in care, whether the adoption was a
18        private, agency, agency-assisted, interstate, or
19        intercountry adoption;
20            (B) if the placement or adoption was intercountry,
21        the country of birth of the child;
22            (C) whether the child who was the subject of the
23        placement disruption, adoption dissolution,
24        unregulated placement, or secondary placement entered
25        State custody;
26            (D) the length of the placement prior to the

 

 

HB5004- 9 -LRB101 19328 KTG 68797 b

1        placement disruption, adoption dissolution,
2        unregulated placement, or secondary placement;
3            (E) the age of the child at the time of the
4        placement disruption, adoption dissolution,
5        unregulated placement, or secondary placement;
6            (F) the reason, if known, for the placement
7        disruption, adoption dissolution, unregulated
8        placement, or secondary placement; and
9            (G) if a licensed child welfare agency or any
10        approved out of State placing entity participated in
11        the initial placement, and, if applicable, the name of
12        the agency or approved out of State placing entity; and
13        (5) a description of the coordination between the
14    Department and the Department of Healthcare and Family
15    Services to develop resources under this subsection,
16    including, but not limited to, a description of the goals
17    of such coordination and whether the goals have been met.
18(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20.)