Illinois General Assembly - Full Text of SB0315
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Full Text of SB0315  102nd General Assembly




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1    AN ACT concerning the Department of Children and Family
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
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
16Board is 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
22doctor, medical, public administration, or other relevant
23human services degree or equivalent course work as required by



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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
18serve on 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
21residents of 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



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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
5offenses set forth in paragraph (b) of Section 4.2 of the Child
6Care Act of 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
19rules. Upon notification of the manner of the vote to all the
20members, votes on a final determination may be cast in person,
21by telephonic or electronic means, or by mail at the
22discretion of the chairperson. A simple majority of the
23members appointed and serving is required when Board members
24vote by mail or by telephonic or electronic means. A majority
25of the currently appointed and serving Board members
26constitutes a quorum. A majority of a quorum is required when a



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



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



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



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



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



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