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90_HB1676
20 ILCS 505/35.5
Amends the Children and Family Services Act. Makes a
technical change in provisions regarding the Inspector
General.
LRB9004382SMmb
LRB9004382SMmb
1 AN ACT to amend the Children and Family Services Act by
2 changing Section 35.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 35.5 as follows:
7 (20 ILCS 505/35.5)
8 Sec. 35.5. Inspector General; powers and duties.
9 (a) The Governor shall appoint, and the Senate shall
10 confirm, an Inspector General who shall have the authority to
11 conduct investigations into allegations of or incidents of
12 possible misconduct, misfeasance, malfeasance, or violations
13 of rules, procedures, or laws by any employee, foster parent,
14 service provider, or contractor of the Department of Children
15 and Family Services. The Inspector General shall make
16 recommendations to the Director of Children and Family
17 Services concerning sanctions or disciplinary actions against
18 Department employees or providers of service under contract
19 to the Department. Any investigation conducted by the
20 Inspector General shall be independent and separate from the
21 investigation mandated by the Abused and Neglected Child
22 Reporting Act. The Inspector General shall be appointed for
23 a term of 4 years. The Inspector General shall be
24 independent of the operations of the Department and shall
25 report to the Director of Children and Family Services and
26 perform other duties the Director may designate.
27 (b) The Inspector General shall have access to all
28 information and personnel necessary to perform the duties of
29 the office. To minimize duplication of efforts, and to
30 assure consistency and conformance with the requirements and
31 procedures established in the B.H. v. Suter consent decree
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1 and to share resources when appropriate, the Inspector
2 General shall coordinate his or her activities with the
3 Bureau of Quality Assurance within the Department.
4 (c) The Inspector General shall be the primary liaison
5 between the Department and the Department of State Police
6 with regard to investigations conducted under the Inspector
7 General's auspices. If the Inspector General determines that
8 a possible criminal act has been committed, or that special
9 expertise is required in the investigation, he or she shall
10 immediately notify the Department of State Police. All
11 investigations conducted by the Inspector General shall be
12 conducted in a manner designed to ensure the preservation of
13 evidence for possible use in a criminal prosecution.
14 (d) The Inspector General may recommend to the
15 Department of Children and Family Services, the Department of
16 Public Health, or any other appropriate agency, sanctions to
17 be imposed against service providers under the jurisdiction
18 of or under contract with the Department for the protection
19 of children in the custody or under the guardianship of the
20 Department who received services from those providers. The
21 Inspector General may seek the assistance of the Attorney
22 General or any of the several State's Attorneys in imposing
23 sanctions.
24 (e) The Inspector General shall at all times be granted
25 access to any foster home, facility, or program operated for
26 or licensed or funded by the Department.
27 (f) Nothing in this Section shall limit investigations
28 by the Department of Children and Family Services that may
29 otherwise be required by law or that may be necessary in that
30 Department's capacity as the central administrative authority
31 for child welfare.
32 (g) The Inspector General shall have the power to
33 subpoena witnesses and compel the production of books and
34 papers pertinent to an investigation authorized by this Act.
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1 The power to subpoena or to compel the production of books
2 and papers, however, shall not extend to the person or
3 documents of a labor organization or its representatives
4 insofar as the person or documents of a labor organization
5 relate to the function of representing an employee subject to
6 investigation under this Act. Any person who fails to appear
7 in response to a subpoena or to answer any question or
8 produce any books or papers pertinent to an investigation
9 under this Act, except as otherwise provided in this Section,
10 or who knowingly gives false testimony in relation to an
11 investigation under this Act is guilty of a Class A
12 misdemeanor.
13 (h) The Inspector General shall provide to the General
14 Assembly and the Governor, no later than January 1 of each
15 year, a summary of reports and investigations made under this
16 Section for the prior fiscal year. The summaries shall detail
17 the imposition of sanctions and the final disposition of
18 those recommendations. The summaries shall not contain any
19 confidential or identifying information concerning the
20 subjects of the reports and investigations. The summaries
21 also shall include detailed recommended administrative
22 actions and matters for consideration by the General
23 Assembly.
24 (Source: P.A. 88-7.)