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90_SB0240eng
20 ILCS 505/35.5
20 ILCS 505/35.6
20 ILCS 515/20
20 ILCS 520/1-15
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.3 rep.
210 ILCS 30/6.4 rep.
305 ILCS 5/8A-12
305 ILCS 5/12-13.1
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
Creates the Inspector General Act. Creates the Office of
the Inspector General to replace the inspectors general who
currently function in the Department of Children and Family
Services, the Department of Mental Health and Developmental
Disabilities or its successor, the Department of Human
Services, and the Department of Public Aid. Provides for an
Inspector General and up to 3 Deputy Inspectors General
appointed by the Governor and confirmed by the Senate for
2-year terms who may be removed by the Governor without
cause. Provides for transfer of powers, property, and
personnel to the new Office of the Inspector General. Amends
the Children and Family Services Act, the Child Death Review
Team Act, the Foster Parent Law, the Abused and Neglected
Long Term Care Facility Residents Reporting Act, the Public
Aid Code, and the Mental Health and Developmental
Disabilities Code to make conforming changes. Effective July
1, 1997.
LRB9001118LDdvA
SB240 Engrossed LRB9001118LDdvA
1 AN ACT in relation to inspectors general, amending named
2 Acts.
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.
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 the Governor and perform other duties the Director may
27 designate.
28 (b) The Inspector General shall have access to all
29 information and personnel necessary to perform the duties of
30 the office. To minimize duplication of efforts, and to
31 assure consistency and conformance with the requirements and
SB240 Engrossed -2- LRB9001118LDdvA
1 procedures established in the B.H. v. Suter consent decree
2 and to share resources when appropriate, the Inspector
3 General shall coordinate his or her activities with the
4 Bureau of Quality Assurance within the Department.
5 (c) The Inspector General shall be the primary liaison
6 between the Department and the Department of State Police
7 with regard to investigations conducted under the Inspector
8 General's auspices. If the Inspector General determines that
9 a possible criminal act has been committed, or that special
10 expertise is required in the investigation, he or she shall
11 immediately notify the Department of State Police. All
12 investigations conducted by the Inspector General shall be
13 conducted in a manner designed to ensure the preservation of
14 evidence for possible use in a criminal prosecution.
15 (d) The Inspector General may recommend to the
16 Department of Children and Family Services, the Department of
17 Public Health, or any other appropriate agency, sanctions to
18 be imposed against service providers under the jurisdiction
19 of or under contract with the Department for the protection
20 of children in the custody or under the guardianship of the
21 Department who received services from those providers. The
22 Inspector General may seek the assistance of the Attorney
23 General or any of the several State's Attorneys in imposing
24 sanctions.
25 (e) The Inspector General shall at all times be granted
26 access to any foster home, facility, or program operated for
27 or licensed or funded by the Department.
28 (f) Nothing in this Section shall limit investigations
29 by the Department of Children and Family Services that may
30 otherwise be required by law or that may be necessary in that
31 Department's capacity as the central administrative authority
32 for child welfare.
33 (g) The Inspector General shall have the power to
34 subpoena witnesses and compel the production of books and
SB240 Engrossed -3- LRB9001118LDdvA
1 papers pertinent to an investigation authorized by this Act.
2 The power to subpoena or to compel the production of books
3 and papers, however, shall not extend to the person or
4 documents of a labor organization or its representatives
5 insofar as the person or documents of a labor organization
6 relate to the function of representing an employee subject to
7 investigation under this Act. Any person who fails to appear
8 in response to a subpoena or to answer any question or
9 produce any books or papers pertinent to an investigation
10 under this Act, except as otherwise provided in this Section,
11 or who knowingly gives false testimony in relation to an
12 investigation under this Act is guilty of a Class A
13 misdemeanor.
14 (h) The Inspector General shall provide to the General
15 Assembly and the Governor, no later than January 1 of each
16 year, a summary of reports and investigations made under this
17 Section for the prior fiscal year. The summaries shall detail
18 the imposition of sanctions and the final disposition of
19 those recommendations. The summaries shall not contain any
20 confidential or identifying information concerning the
21 subjects of the reports and investigations. The summaries
22 also shall include detailed recommended administrative
23 actions and matters for consideration by the General
24 Assembly.
25 (Source: P.A. 88-7.)
26 Section 10. The Abused and Neglected Long Term Care
27 Facility Residents Reporting Act is amended by changing
28 Section 6.2 as follows:
29 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
30 (Section scheduled to be repealed on January 1, 2000)
31 (Text of Section before amendment by P.A. 89-507)
32 Sec. 6.2. Inspector General.
SB240 Engrossed -4- LRB9001118LDdvA
1 (a) The Governor shall appoint, and the Senate shall
2 confirm, an Inspector General who shall function within the
3 Department of Mental Health and Developmental Disabilities
4 and report to the Director and the Governor. The Inspector
5 General shall investigate reports of suspected abuse or
6 neglect (as those terms are defined in Section 3 of this Act)
7 of patients or residents in any facility operated by the
8 Department of Mental Health and Developmental Disabilities
9 and shall have authority to investigate and take immediate
10 action on reports of abuse or neglect of recipients, whether
11 patients or residents, in any facility or program that is
12 licensed or certified by the Department of Mental Health and
13 Developmental Disabilities or that is funded by the
14 Department of Mental Health and Developmental Disabilities
15 and is not licensed or certified by any agency of the State.
16 At the specific, written request of an agency of the State
17 other than the Department of Mental Health and Developmental
18 Disabilities, the Inspector General may cooperate in
19 investigating reports of abuse and neglect of persons with
20 mental illness or persons with developmental disabilities.
21 The Inspector General shall have no supervision over or
22 involvement in routine, programmatic, licensure, or
23 certification operations of the Department of Mental Health
24 and Developmental Disabilities or any of its funded agencies.
25 The Inspector General shall promulgate rules establishing
26 minimum requirements for initiating, conducting, and
27 completing investigations. The promulgated rules shall
28 clearly set forth that in instances where 2 or more State
29 agencies could investigate an allegation of abuse or neglect,
30 the Inspector General shall not conduct an investigation that
31 is redundant to an investigation conducted by another State
32 agency. The rules shall establish criteria for determining,
33 based upon the nature of the allegation, the appropriate
34 method of investigation, which may include, but need not be
SB240 Engrossed -5- LRB9001118LDdvA
1 limited to, site visits, telephone contacts, or requests for
2 written responses from agencies. The rules shall also
3 clarify how the Office of the Inspector General shall
4 interact with the licensing unit of the Department of Mental
5 Health and Developmental Disabilities in investigations of
6 allegations of abuse or neglect. Any allegations or
7 investigations of reports made pursuant to this Act shall
8 remain confidential until a final report is completed. Final
9 reports regarding unsubstantiated or unfounded allegations
10 shall remain confidential, except that final reports may be
11 disclosed pursuant to Section 6 of this Act.
12 The Inspector General shall be appointed for a term of 4
13 years.
14 (b) The Inspector General shall within 24 hours after
15 receiving a report of suspected abuse or neglect determine
16 whether the evidence indicates that any possible criminal act
17 has been committed. If he determines that a possible criminal
18 act has been committed, or that special expertise is required
19 in the investigation, he shall immediately notify the
20 Department of State Police. The Department of State Police
21 shall investigate any report indicating a possible murder,
22 rape, or other felony. All investigations conducted by the
23 Inspector General shall be conducted in a manner designed to
24 ensure the preservation of evidence for possible use in a
25 criminal prosecution.
26 (c) The Inspector General shall, within 10 calendar days
27 after the transmittal date of a completed investigation where
28 abuse or neglect is substantiated or administrative action is
29 recommended, provide a complete report on the case to the
30 Director of Mental Health and Developmental Disabilities and
31 to the agency in which the abuse or neglect is alleged to
32 have happened. There shall be an appeals process for any
33 person or agency that is subject to any action based on a
34 recommendation or recommendations.
SB240 Engrossed -6- LRB9001118LDdvA
1 (d) The Inspector General may recommend to the
2 Departments of Public Health and Mental Health and
3 Developmental Disabilities sanctions to be imposed against
4 facilities under the jurisdiction of the Department of Mental
5 Health and Developmental Disabilities for the protection of
6 residents, including appointment of on-site monitors or
7 receivers, transfer or relocation of residents, and closure
8 of units. The Inspector General may seek the assistance of
9 the Attorney General or any of the several State's attorneys
10 in imposing such sanctions.
11 (e) The Inspector General shall establish and conduct
12 periodic training programs for Department employees
13 concerning the prevention and reporting of neglect and abuse.
14 (f) The Inspector General shall at all times be granted
15 access to any facility operated by the Department, shall
16 establish and conduct unannounced site visits to those
17 facilities at least once annually, and shall be granted
18 access, for the purpose of investigating a report of abuse or
19 neglect, to any facility or program funded by the Department
20 that is subject under the provisions of this Section to
21 investigation by the Inspector General for a report of abuse
22 or neglect.
23 (g) Nothing in this Section shall limit investigations
24 by the Department of Mental Health and Developmental
25 Disabilities that may otherwise be required by law or that
26 may be necessary in that Department's capacity as the central
27 administrative authority responsible for the operation of
28 State mental health and developmental disability facilities.
29 (h) This Section is repealed on January 1, 2000.
30 (Source: P.A. 89-427, eff. 12-7-95.)
31 (Text of Section after amendment by P.A. 89-507)
32 Sec. 6.2. Inspector General.
33 (a) The Governor shall appoint, and the Senate shall
34 confirm, an Inspector General who shall function within the
SB240 Engrossed -7- LRB9001118LDdvA
1 Department of Human Services and report to the Secretary of
2 Human Services and the Governor. The Inspector General shall
3 investigate reports of suspected abuse or neglect (as those
4 terms are defined in Section 3 of this Act) of patients or
5 residents in any mental health or developmental disabilities
6 facility operated by the Department of Human Services and
7 shall have authority to investigate and take immediate action
8 on reports of abuse or neglect of recipients, whether
9 patients or residents, in any mental health or developmental
10 disabilities facility or program that is licensed or
11 certified by the Department of Human Services (as successor
12 to the Department of Mental Health and Developmental
13 Disabilities) or that is funded by the Department of Human
14 Services (as successor to the Department of Mental Health and
15 Developmental Disabilities) and is not licensed or certified
16 by any agency of the State. At the specific, written request
17 of an agency of the State other than the Department of Human
18 Services (as successor to the Department of Mental Health and
19 Developmental Disabilities), the Inspector General may
20 cooperate in investigating reports of abuse and neglect of
21 persons with mental illness or persons with developmental
22 disabilities. The Inspector General shall have no
23 supervision over or involvement in routine, programmatic,
24 licensure, or certification operations of the Department of
25 Human Services or any of its funded agencies.
26 The Inspector General shall promulgate rules establishing
27 minimum requirements for initiating, conducting, and
28 completing investigations. The promulgated rules shall
29 clearly set forth that in instances where 2 or more State
30 agencies could investigate an allegation of abuse or neglect,
31 the Inspector General shall not conduct an investigation that
32 is redundant to an investigation conducted by another State
33 agency. The rules shall establish criteria for determining,
34 based upon the nature of the allegation, the appropriate
SB240 Engrossed -8- LRB9001118LDdvA
1 method of investigation, which may include, but need not be
2 limited to, site visits, telephone contacts, or requests for
3 written responses from agencies. The rules shall also
4 clarify how the Office of the Inspector General shall
5 interact with the licensing unit of the Department of Human
6 Services in investigations of allegations of abuse or
7 neglect. Any allegations or investigations of reports made
8 pursuant to this Act shall remain confidential until a final
9 report is completed. Final reports regarding unsubstantiated
10 or unfounded allegations shall remain confidential, except
11 that final reports may be disclosed pursuant to Section 6 of
12 this Act.
13 The Inspector General shall be appointed for a term of 4
14 years.
15 (b) The Inspector General shall within 24 hours after
16 receiving a report of suspected abuse or neglect determine
17 whether the evidence indicates that any possible criminal act
18 has been committed. If he determines that a possible criminal
19 act has been committed, or that special expertise is required
20 in the investigation, he shall immediately notify the
21 Department of State Police. The Department of State Police
22 shall investigate any report indicating a possible murder,
23 rape, or other felony. All investigations conducted by the
24 Inspector General shall be conducted in a manner designed to
25 ensure the preservation of evidence for possible use in a
26 criminal prosecution.
27 (c) The Inspector General shall, within 10 calendar days
28 after the transmittal date of a completed investigation where
29 abuse or neglect is substantiated or administrative action is
30 recommended, provide a complete report on the case to the
31 Secretary of Human Services and to the agency in which the
32 abuse or neglect is alleged to have happened. There shall be
33 an appeals process for any person or agency that is subject
34 to any action based on a recommendation or recommendations.
SB240 Engrossed -9- LRB9001118LDdvA
1 (d) The Inspector General may recommend to the
2 Departments of Public Health and Human Services sanctions to
3 be imposed against mental health and developmental
4 disabilities facilities under the jurisdiction of the
5 Department of Human Services for the protection of residents,
6 including appointment of on-site monitors or receivers,
7 transfer or relocation of residents, and closure of units.
8 The Inspector General may seek the assistance of the Attorney
9 General or any of the several State's attorneys in imposing
10 such sanctions.
11 (e) The Inspector General shall establish and conduct
12 periodic training programs for Department employees
13 concerning the prevention and reporting of neglect and abuse.
14 (f) The Inspector General shall at all times be granted
15 access to any mental health or developmental disabilities
16 facility operated by the Department, shall establish and
17 conduct unannounced site visits to those facilities at least
18 once annually, and shall be granted access, for the purpose
19 of investigating a report of abuse or neglect, to any
20 facility or program funded by the Department that is subject
21 under the provisions of this Section to investigation by the
22 Inspector General for a report of abuse or neglect.
23 (g) Nothing in this Section shall limit investigations
24 by the Department of Human Services that may otherwise be
25 required by law or that may be necessary in that Department's
26 capacity as the central administrative authority responsible
27 for the operation of State mental health and developmental
28 disability facilities.
29 (h) This Section is repealed on January 1, 2000.
30 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
31 Section 15. The Mental Health and Developmental
32 Disabilities Confidentiality Act is amended by changing
33 Section 9 as follows:
SB240 Engrossed -10- LRB9001118LDdvA
1 (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
2 Sec. 9. Therapist's disclosure without consent. In the
3 course of providing services and after the conclusion of the
4 provision of services, a therapist may disclose a record or
5 communications without consent to:
6 (1) the therapist's supervisor, a consulting
7 therapist, members of a staff team participating in the
8 provision of services, a record custodian, or a person
9 acting under the supervision and control of the
10 therapist;
11 (2) persons conducting a peer review of the
12 services being provided;
13 (3) the Institute for Juvenile Research and the
14 Institute for the Study of Developmental Disabilities;
15 and
16 (4) an attorney or advocate consulted by a
17 therapist or agency which provides services concerning
18 the therapist's or agency's legal rights or duties in
19 relation to the recipient and the services being
20 provided; and
21 (5) the Inspector General of the Department of Children
22 and Family Services for the sole purpose of conducting
23 investigations authorized under Section 3.5 of the Children
24 and Family Services Act.
25 In the course of providing services, a therapist may
26 disclose a record or communications without consent to any
27 department, agency, institution or facility which has custody
28 of the recipient pursuant to State statute or any court order
29 of commitment.
30 Information may be disclosed under this Section only to
31 the extent that knowledge of the record or communications is
32 essential to the purpose for which disclosure is made and
33 only after the recipient is informed that such disclosure may
34 be made. A person to whom disclosure is made under this
SB240 Engrossed -11- LRB9001118LDdvA
1 Section shall not redisclose any information except as
2 provided in this Act.
3 Notwithstanding any other provision of this Section, a
4 therapist has the right to communicate at any time and in any
5 fashion with his or her counsel or professional liability
6 insurance carrier, or both, concerning any care or treatment
7 he or she provided, or assisted in providing, to any
8 recipient. A therapist has the right to communicate at any
9 time and in any fashion with his or her present or former
10 employer, principal, partner, professional corporation, or
11 professional liability insurance carrier, or counsel for any
12 of those entities, concerning any care or treatment he or she
13 provided, or assisted in providing, to the recipient within
14 the scope of his or her employment, affiliation, or other
15 agency with the employer, principal, partner, or professional
16 corporation.
17 This amendatory Act of 1995 applies to causes of action
18 filed on or after its effective date.
19 (Source: P.A. 89-7, eff. 3-9-95.)
20 Section 95. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.