103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2146

 

Introduced 2/7/2023, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
New Act
705 ILCS 505/8  from Ch. 37, par. 439.8

    Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023.


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A BILL FOR

 

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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Community-Based Foster Care Organization Safety Net Act.
 
6    Section 5. Policy and purpose. It is the policy of this
7State to encourage community-based organizations to provide
8foster care services to children in need. It is the purpose of
9this Act to provide such community-based organizations with a
10financial safety net for liabilities incurred in excess of
11$2,000,000 for tort claims arising out of the foster care
12services they provide to the children of this State.
 
13    Section 10. Definitions. As used in this Act:
14    "Community-based foster care organization" or
15"organization" means a privately owned or operated
16organization that contracts with the Department of Children
17and Family Services for the purpose of providing foster care
18services in the State.
19    "Department" means the Department of Children and Family
20Services.
21    "Damages" means any sums a community-based foster care
22organization becomes legally obligated to pay as a result of a

 

 

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1tort claim arising out of foster care services, including any
2settlements, judgments, judgments for punitive damages, and
3attorney's fees. "Damages" does not include fines assessed by
4the Department or the State. "Damages" does not include any
5liabilities incurred by the community-based foster care
6organization for claims against employees of the
7community-based foster care organization.
8    "Foster care services" means the provision of a full range
9of casework, treatment, and community services for a planned
10period of time to a child who is in need of placement or has
11been placed through an agreement between the Department and
12the community-based foster care organization.
 
13    Section 15. Indemnification of community-based foster care
14organizations.
15    (a) If any civil proceeding is commenced against a
16community-based foster care organization alleging death or
17bodily injury or other injury to the claimant arising out of
18any act or omission within the scope of the organization's
19provision of foster care services, the State shall indemnify
20the community-based foster care organization for any damages
21incurred in excess of $2,000,000.
22    (b) Damages, court costs, litigation expenses, and other
23costs of indemnification, including attorney's fees obligated
24under this Section, whether by settlement or by judgment,
25shall be presented by the claimant in the Court of Claims

 

 

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1subject to the procedures set forth in Section 8 of the Court
2of Claims Act.
3    (c) Upon entry of a final judgment in excess of $2,000,000
4against the community-based foster care organization, or upon
5the settlement of a claim in excess of that amount, the
6claimant or his or her representative shall file a copy of such
7judgment or settlement within 60 days after the effective date
8of such settlement or judgment with the Court of Claims.
9    (d) Nothing contained or implied in this Section shall
10operate, or be construed or applied, to deprive the
11community-based foster care organization, or any of its
12employees, of any defense available to it.
13    (f) This Act applies to all judgments or settlement
14proceedings finalized on or after the effective date of this
15Act, and to any proceeding pending on the effective date of
16this Act.
17    (g) The indemnification provided under this Act shall
18apply to any employee acting within the scope of his or her
19employment with the community-based foster care organization.
20However, this indemnification shall not apply to any
21community-based foster care organization or any employee of a
22community-based foster care organization that is involved in
23any: (i) criminal proceeding in which the organization or
24employee is a defendant; (ii) criminal investigation in which
25the organization or employee is the target; or (iii)
26proceeding that does not arise out of the provision of foster

 

 

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1care services. Nothing in this Act shall be construed to
2prohibit a community-based foster care organization from
3providing representation to an employee who is a witness in a
4criminal matter arising out of the employee's employment with
5the community-based foster care organization.
 
6    Section 20. Severability. If any provision of this Act or
7its application to any person or circumstance is held invalid,
8the invalidity of that provision or application does not
9affect other provisions or applications of this Act that can
10be given effect without the invalid provision or application.
 
11    Section 25. The Court of Claims Act is amended by changing
12Section 8 as follows:
 
13    (705 ILCS 505/8)   (from Ch. 37, par. 439.8)
14    Sec. 8. Court of Claims jurisdiction; deliberation
15periods. The court shall have exclusive jurisdiction to hear
16and determine the following matters:
17        (a) All claims against the State founded upon any law
18    of the State of Illinois or upon any regulation adopted
19    thereunder by an executive or administrative officer or
20    agency; provided, however, the court shall not have
21    jurisdiction (i) to hear or determine claims arising under
22    the Workers' Compensation Act or the Workers' Occupational
23    Diseases Act, or claims for expenses in civil litigation,

 

 

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1    or (ii) to review administrative decisions for which a
2    statute provides that review shall be in the circuit or
3    appellate court.
4        (b) All claims against the State founded upon any
5    contract entered into with the State of Illinois.
6        (c) All claims against the State for time unjustly
7    served in prisons of this State when the person imprisoned
8    received a pardon from the Governor stating that such
9    pardon is issued on the ground of innocence of the crime
10    for which he or she was imprisoned or he or she received a
11    certificate of innocence from the Circuit Court as
12    provided in Section 2-702 of the Code of Civil Procedure;
13    provided, the amount of the award is at the discretion of
14    the court; and provided, the court shall make no award in
15    excess of the following amounts: for imprisonment of 5
16    years or less, not more than $85,350; for imprisonment of
17    14 years or less but over 5 years, not more than $170,000;
18    for imprisonment of over 14 years, not more than $199,150;
19    and provided further, the court shall fix attorney's fees
20    not to exceed 25% of the award granted. On or after the
21    effective date of this amendatory Act of the 95th General
22    Assembly, the court shall annually adjust the maximum
23    awards authorized by this subsection (c) to reflect the
24    increase, if any, in the Consumer Price Index For All
25    Urban Consumers for the previous calendar year, as
26    determined by the United States Department of Labor,

 

 

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1    except that no annual increment may exceed 5%. For the
2    annual adjustments, if the Consumer Price Index decreases
3    during a calendar year, there shall be no adjustment for
4    that calendar year. The transmission by the Prisoner
5    Review Board or the clerk of the circuit court of the
6    information described in Section 11(b) to the clerk of the
7    Court of Claims is conclusive evidence of the validity of
8    the claim. The changes made by this amendatory Act of the
9    95th General Assembly apply to all claims pending on or
10    filed on or after the effective date.
11        (d) All claims against the State for damages in cases
12    sounding in tort, if a like cause of action would lie
13    against a private person or corporation in a civil suit,
14    and all like claims sounding in tort against the Medical
15    Center Commission, the Board of Trustees of the University
16    of Illinois, the Board of Trustees of Southern Illinois
17    University, the Board of Trustees of Chicago State
18    University, the Board of Trustees of Eastern Illinois
19    University, the Board of Trustees of Governors State
20    University, the Board of Trustees of Illinois State
21    University, the Board of Trustees of Northeastern Illinois
22    University, the Board of Trustees of Northern Illinois
23    University, the Board of Trustees of Western Illinois
24    University, or the Board of Trustees of the Illinois
25    Mathematics and Science Academy; provided, that an award
26    for damages in a case sounding in tort, other than certain

 

 

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1    cases involving the operation of a State vehicle described
2    in this paragraph, shall not exceed the sum of $2,000,000
3    to or for the benefit of any claimant. The $2,000,000
4    limit prescribed by this Section does not apply to an
5    award of damages in any case sounding in tort arising out
6    of the operation by a State employee of a vehicle owned,
7    leased or controlled by the State. The defense that the
8    State or the Medical Center Commission or the Board of
9    Trustees of the University of Illinois, the Board of
10    Trustees of Southern Illinois University, the Board of
11    Trustees of Chicago State University, the Board of
12    Trustees of Eastern Illinois University, the Board of
13    Trustees of Governors State University, the Board of
14    Trustees of Illinois State University, the Board of
15    Trustees of Northeastern Illinois University, the Board of
16    Trustees of Northern Illinois University, the Board of
17    Trustees of Western Illinois University, or the Board of
18    Trustees of the Illinois Mathematics and Science Academy
19    is not liable for the negligence of its officers, agents,
20    and employees in the course of their employment is not
21    applicable to the hearing and determination of such
22    claims. The changes to this Section made by this
23    amendatory Act of the 100th General Assembly apply only to
24    claims filed on or after July 1, 2015.
25        The court shall annually adjust the maximum awards
26    authorized by this subsection to reflect the increase, if

 

 

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1    any, in the Consumer Price Index For All Urban Consumers
2    for the previous calendar year, as determined by the
3    United States Department of Labor. The Comptroller shall
4    make the new amount resulting from each annual adjustment
5    available to the public via the Comptroller's official
6    website by January 31 of every year.
7        (e) All claims for recoupment made by the State of
8    Illinois against any claimant.
9        (f) All claims pursuant to the Line of Duty
10    Compensation Act. A claim under that Act must be heard and
11    determined within one year after the application for that
12    claim is filed with the Court as provided in that Act.
13        (g) All claims filed pursuant to the Crime Victims
14    Compensation Act.
15        (h) All claims pursuant to the Illinois National
16    Guardsman's Compensation Act. A claim under that Act must
17    be heard and determined within one year after the
18    application for that claim is filed with the Court as
19    provided in that Act.
20        (i) All claims authorized by subsection (a) of Section
21    10-55 of the Illinois Administrative Procedure Act for the
22    expenses incurred by a party in a contested case on the
23    administrative level.
24        (j) All claims for indemnification under Section 10 of
25    the Community-Based Foster Care Provider Safety Net Act.
26(Source: P.A. 100-1124, eff. 11-27-18.)
 

 

 

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1    Section 99. Effective date. This Act takes effect April 1,
22023.