Illinois General Assembly - Full Text of HB4304
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4304  102nd General Assembly

HB4304 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4304

 

Introduced 1/5/2022, by Rep. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-16 new

    Amends the Children and Family Services Act. Creates the Foster Care Investigative Reports Commission as an executive agency of State government to investigate all adverse reports submitted by foster parents to the Department of Children and Family Services (Department) concerning the children placed in their care. Provides that the Commission shall consist of 9 members appointed by the Governor. Contains provisions concerning the term limits of Commission members, compensation, Commission meetings, and other matters. Provides that subject to appropriation, the Commission shall hire a Director and staff to process and investigate all adverse reports referred by the Department to the Commission in order to determine whether the information and allegations set forth in each report are true or false. Requires the Commission to review the findings and recommendations of the Director for each investigated adverse report. Provides that if, after its review, the Commission determines that an adverse report is false or inaccurate, the Commission shall issue a final written report of its determination to be filed with the foster child's official records. Permits the Director, the Director's staff, and the Commission to inspect and copy any materials held by the Department that are relevant to the investigation of an adverse report. Contains provisions concerning the confidentiality of Department records, Commission reporting requirements, and Commission rules.


LRB102 19928 KTG 28706 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4304LRB102 19928 KTG 28706 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 17a-16 as follows:
 
6    (20 ILCS 505/17a-16 new)
7    Sec. 17a-16. Foster Care Investigative Reports Commission.
8    (a) As used in this Section:
9    "Commission" means the Foster Care Investigative Reports
10Commission.
11    "Department" means the Department of Children and Family
12Services.
13    "Director" means the Director of the Foster Care
14Investigative Reports Commission.
15    (b) The Foster Care Investigative Reports Commission is
16created as an executive agency of State government to
17investigate all adverse reports submitted by foster parents to
18the Department of Children and Family Services concerning the
19children placed in their care.
20    (c) The Commission shall consist of 9 members appointed by
21the Governor with the advice and consent of the Senate.
22Members appointed to the Commission shall either (i) have a
23professional background in foster care services or a notable

 

 

HB4304- 2 -LRB102 19928 KTG 28706 b

1interest in foster care services or (ii) be a foster child or
2the adopted parent of a former foster child. The Commission
3shall elect its own chairperson on an annual basis. Commission
4members shall serve without compensation but may be reimbursed
5for expenses incurred in the performance of their duties. Each
6member shall serve a term of 2 years or until his or her
7successor is appointed. Vacancies shall be filled in the same
8manner as original appointments. The Commission shall meet
9quarterly at the call of the chairperson beginning as soon as
10practicable after the effective date of this amendatory Act of
11the 102nd General Assembly.
12    (d) Subject to appropriation, the Commission shall hire a
13Director and staff to process and investigate all adverse
14reports referred by the Department to the Commission as
15provided in subsection (e). The Director and staff shall also
16carry out any other powers and duties of the Commission in
17accordance with this Section and the rules adopted by the
18Commission. All staff other than the Director shall be subject
19to the Personnel Code.
20    (e) Every adverse report submitted by a licensed foster
21parent to the Department shall be sent to the Director for
22review. Upon receipt of an adverse report, the Director and
23his or her staff shall conduct an investigation to determine
24whether the information and allegations set forth in the
25report are true or false. After the conclusion of the
26investigation, the Director shall report his or her findings

 

 

HB4304- 3 -LRB102 19928 KTG 28706 b

1and recommendations to the Commission in a written
2investigative summary report. The Commission shall review and
3consider the Director's findings and recommendations before
4making a final determination as to the foster parent's adverse
5report. If, after its review, the Commission determines by
6majority vote that there is sufficient evidence to believe
7that the foster parent's adverse report is false or
8inaccurate, the Commission shall issue a final written report
9that sets forth the specific reasons for why it determined the
10foster parent's report to be false or inaccurate. A copy of the
11Commission's final written report shall be sent to the
12Department to be filed with the foster child's official
13records. If, after its review, the Commission determines by
14majority vote that there is sufficient evidence to believe
15that the foster parent's adverse report it true or accurate,
16the Commission shall issue a written statement of its decision
17and send a copy of its written statement to the Department to
18be filed with the foster child's official records.
19    (f) In the course of an investigation, the Director, the
20Director's staff, and the Commission may inspect and copy any
21materials relevant to the investigation that are in the
22possession of the Department. Any information obtained under
23this Section by the Director, the Director's staff, or the
24Commission is confidential and may not be disclosed to any
25third party unless otherwise authorized by law. Any person who
26transmits confidential information in violation of this

 

 

HB4304- 4 -LRB102 19928 KTG 28706 b

1Section or causes the information to be transmitted in
2violation of this Section is guilty of a Class A misdemeanor
3unless the transmittal of the information is authorized by
4this Section or otherwise authorized by law.
5    (g) The Commission shall prepare an annual report on its
6operations and submit the report to the Governor and the
7General Assembly.
8    (h) The Commission shall adopt any rules necessary to
9implement the provisions of this Section. Rules adopted by the
10Commission shall be subject to the provisions of the Illinois
11Administrative Procedure Act.
12