State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB1111eng

 
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 1        AN ACT concerning agency committee membership.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Illinois Act on the Aging is amended by
 5    changing Section 8.01 as follows:

 6        (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
 7        Sec.  8.01.   Coordinating   Committee;   members.    The
 8    Coordinating   Committee  of  State  Agencies  Serving  Older
 9    Persons shall consist of the Director of  the  Department  on
10    Aging   or  his  or  her  designee  as  Chairman,  the  State
11    Superintendent of Education or his  or  her  designee,    the
12    Secretary  of  Human  Services  or  his  or her designee, the
13    Secretary of Transportation or his or her designee,  and  the
14    Directors,  or the designee or designees of any or all of the
15    Directors, of the following Departments or  agencies:  Labor;
16    Veterans'  Affairs;  Public  Health; Public Aid; Children and
17    Family Services; Commerce and Community  Affairs;  Insurance;
18    Revenue;   Illinois   Housing   Development   Authority;  and
19    Comprehensive State Health Planning.
20    (Source: P.A.  89-249,  eff.  8-4-95;  89-507,  eff.  7-1-97;
21    90-609, eff. 6-30-98.)

22        Section  10.  The  Children  and  Family  Services Act is
23    amended by changing Section 21 as follows:

24        (20 ILCS 505/21) (from Ch. 23, par. 5021)
25        Sec. 21.  Investigative powers; training.
26        (a) To make such investigations as it may deem  necessary
27    to the performance of its duties.
28        (b)  In   the   course  of  any  such  investigation  any
29    qualified person authorized by the  Director  may  administer
 
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 1    oaths  and  secure  by  its  subpoena both the attendance and
 2    testimony of witnesses and the production of books and papers
 3    relevant to such investigation. Any person who is served with
 4    a subpoena by the Department to  appear  and  testify  or  to
 5    produce  books  and papers, in the course of an investigation
 6    authorized by law, and who refuses or neglects to appear,  or
 7    to  testify,  or to produce books and papers relevant to such
 8    investigation, as commanded in such subpoena, shall be guilty
 9    of  a  Class  B  misdemeanor.  The  fees  of  witnesses   for
10    attendance  and  travel  shall  be  the  same  as the fees of
11    witnesses before  the  circuit  courts  of  this  State.  Any
12    circuit   court  of  this  State,  upon  application  of  the
13    Department, may  compel  the  attendance  of  witnesses,  the
14    production  of  books  and  papers,  and  giving of testimony
15    before the Department or before  any  authorized  officer  or
16    employee thereof, by an attachment for contempt or otherwise,
17    in the same manner as production of evidence may be compelled
18    before  such court. Every person who, having taken an oath or
19    made affirmation before  the  Department  or  any  authorized
20    officer  or employee thereof, shall willfully swear or affirm
21    falsely, shall be guilty of perjury and upon conviction shall
22    be punished accordingly.
23        (c)  Investigations initiated under  this  Section  shall
24    provide  individuals  due process of law, including the right
25    to a hearing, to cross-examine witnesses, to obtain  relevant
26    documents,  and  to present evidence. Administrative findings
27    shall be subject to  the  provisions  of  the  Administrative
28    Review Law.
29        (d)  Beginning   July   1,  1988,  any  child  protective
30    investigator or supervisor or  child  welfare  specialist  or
31    supervisor  employed  by the Department on the effective date
32    of this  amendatory  Act  of  1987  shall  have  completed  a
33    training program which shall be instituted by the Department.
34    The  training  program  shall include, but not be limited to,
 
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 1    the following: (1) training in the detection of  symptoms  of
 2    child  neglect  and  drug abuse; (2) specialized training for
 3    dealing with families and children of drug abusers;  and  (3)
 4    specific  training  in child development, family dynamics and
 5    interview techniques.  Such  program  shall  conform  to  the
 6    criteria  and  curriculum  developed  under  Section 4 of the
 7    Child Protective Investigator and  Child  Welfare  Specialist
 8    Certification  Act of 1987. Failure to complete such training
 9    due to lack of opportunity provided by the  Department  shall
10    in  no  way  be  grounds for any disciplinary or other action
11    against an investigator or a specialist.
12        The Department shall develop a continuous inservice staff
13    development  program  and  evaluation  system.   Each   child
14    protective  investigator  and  supervisor  and  child welfare
15    specialist and supervisor shall participate in  such  program
16    and  evaluation  and  shall complete a minimum of 20 hours of
17    inservice education and training every 2 years  in  order  to
18    maintain certification.
19        Any  child  protective  investigator  or child protective
20    supervisor, or child  welfare  specialist  or  child  welfare
21    specialist  supervisor hired by the Department who begins his
22    actual employment after the effective date of this amendatory
23    Act of  1987,  shall  be  certified  pursuant  to  the  Child
24    Protective   Investigator   and   Child   Welfare  Specialist
25    Certification Act of 1987 before he begins  such  employment.
26    Nothing  in  this Act shall replace or diminish the rights of
27    employees under the Illinois Public Labor Relations  Act,  as
28    amended, or the National Labor Relations Act. In the event of
29    any  conflict between either of those Acts, or any collective
30    bargaining   agreement   negotiated   thereunder,   and   the
31    provisions of subsections  (d)  and  (e),  the  former  shall
32    prevail and control.
33        (e)  The  Department  shall  develop  and  implement  the
34    following:
 
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 1             (1)  A    standardized   child   endangerment   risk
 2        assessment protocol.
 3             (2)  Related training procedures.
 4             (3)  A  standardized  method  for  demonstration  of
 5        proficiency in application of the protocol.
 6             (4)  An evaluation of the reliability  and  validity
 7        of the protocol.
 8    All  child protective investigators and supervisors and child
 9    welfare  specialists  and   supervisors   employed   by   the
10    Department  or  its contractors shall be required, subsequent
11    to  the  availability  of  training  under   this   Act,   to
12    demonstrate   proficiency  in  application  of  the  protocol
13    previous to being  permitted  to  make  decisions  about  the
14    degree   of   risk  posed  to  children  for  whom  they  are
15    responsible.     The    Department    shall    establish    a
16    multi-disciplinary advisory committee composed  of  not  more
17    than  15 members appointed by the Director, including but not
18    limited  to  representatives  from  the   fields   of   child
19    development,  domestic  violence,  family  systems,  juvenile
20    justice,   law   enforcement,  health  care,  mental  health,
21    substance abuse, and social service to advise the  Department
22    and   its   related   contractors   in  the  development  and
23    implementation of  the  child  endangerment  risk  assessment
24    protocol,  related  training,  method  for  demonstration  of
25    proficiency in application of the protocol, and evaluation of
26    the reliability and validity of the protocol.  The Department
27    shall  develop  the protocol, training curriculum, method for
28    demonstration of proficiency in application of  the  protocol
29    and  method for evaluation of the reliability and validity of
30    the protocol by July 1, 1995.  Training and demonstration  of
31    proficiency  in  application  of  the child endangerment risk
32    assessment protocol for all  child  protective  investigators
33    and supervisors and child welfare specialists and supervisors
34    shall  be completed as soon as practicable, but no later than
 
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 1    January 1, 1996.  The Department shall submit to the  General
 2    Assembly on or before May 1, 1996, and every year thereafter,
 3    an  annual  report  on  the evaluation of the reliability and
 4    validity of the child endangerment risk assessment  protocol.
 5    The   Department   shall  contract  with  a  not  for  profit
 6    organization with demonstrated  expertise  in  the  field  of
 7    child   endangerment   risk   assessment  to  assist  in  the
 8    development and implementation of the child endangerment risk
 9    assessment   protocol,   related   training,    method    for
10    demonstration  of proficiency in application of the protocol,
11    and  evaluation  of  the  reliability  and  validity  of  the
12    protocol.
13    (Source: P.A. 90-655, eff. 7-30-98.)

14        Section   15.  The   Critical   Health    Problems    and
15    Comprehensive  Health  Education  Act  is amended by changing
16    Section 5 as follows:

17        (105 ILCS 110/5) (from Ch. 122, par. 865)
18        Sec.  5.  Advisory  Committee.    An  advisory  committee
19    consisting of 11 members is hereby  established  as  follows:
20    the  Director  of  Public  Health or his or her designee, the
21    Secretary of Human Services or his or her  designee,  and  an
22    additional   person  representing  the  Department  of  Human
23    Services  designated  by  the  Secretary,  the  Director   of
24    Children  and  Family  Services  or  his or her designee, the
25    Chairman of the Illinois Joint Committee on School Health  or
26    his  or  her  designee,  and 6 members to be appointed by the
27    State  Board  of  Education  to  be  chosen,  insofar  as  is
28    possible,   from   the   following   groups:   colleges   and
29    universities, voluntary health agencies, medicine, dentistry,
30    professional health associations,  teachers,  administrators,
31    members  of  local boards of education, and lay citizens. The
32    original public members shall, upon their appointment,  serve
 
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 1    until  July  1,  1973,  and,  thereafter, new appointments of
 2    public members shall be made in like manner and such  members
 3    shall  serve for 4 year terms commencing on July 1, 1973, and
 4    until their successors are appointed and qualified. Vacancies
 5    in the terms of public members shall be filled in like manner
 6    as original appointments for the  balance  of  the  unexpired
 7    terms. The members of the advisory committee shall receive no
 8    compensation but shall be reimbursed for actual and necessary
 9    expenses  incurred  in  the performance of their duties. Such
10    committee shall select a chairman  and  establish  rules  and
11    procedures  for  its  proceedings  not  inconsistent with the
12    provisions of this Act. Such committee shall advise the State
13    Board  of  Education  on  all   matters   relating   to   the
14    implementation  of  the  provisions  of  this Act. They shall
15    assist in presenting advice and interpretation  concerning  a
16    comprehensive   health  education  program  to  the  Illinois
17    public, especially as related to  critical  health  problems.
18    They  shall also assist in establishing a sound understanding
19    and  sympathetic  relationship  between  such   comprehensive
20    health  education  program and the public health, welfare and
21    educational programs of other agencies in the community.
22    (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

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