State of Illinois
92nd General Assembly
Legislation

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92_SB0373enr

 
SB373 Enrolled                                 LRB9201644SMdv

 1        AN ACT concerning children.

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

 4        Section 5.  The Open Meetings Act is amended by  changing
 5    Section 1.02 as follows:

 6        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 7        Sec. 1.02.  For the purposes of this Act:
 8        "Meeting"  means  any gathering of a majority of a quorum
 9    of the members of a public  body  held  for  the  purpose  of
10    discussing public business.
11        "Public   body"   includes  all  legislative,  executive,
12    administrative or advisory bodies  of  the  State,  counties,
13    townships,   cities,  villages,  incorporated  towns,  school
14    districts  and  all  other  municipal  corporations,  boards,
15    bureaus, committees or commissions of  this  State,  and  any
16    subsidiary  bodies  of any of the foregoing including but not
17    limited to committees and subcommittees which  are  supported
18    in  whole  or  in  part  by  tax revenue, or which expend tax
19    revenue,  except  the  General  Assembly  and  committees  or
20    commissions thereof.  "Public body" includes  tourism  boards
21    and  convention  or  civic  center boards located in counties
22    that are contiguous to the Mississippi River with populations
23    of more than 250,000 but less than  300,000.   "Public  body"
24    includes the Health Facilities Planning Board.  "Public body"
25    does  not  include  a child death review team or the Illinois
26    Child Death Review Teams Executive Council established  under
27    the  Child  Death  Review  Team  Act or an ethics commission,
28    ethics officer, or ultimate jurisdictional  authority  acting
29    under  the  State  Gift  Ban Act as provided by Section 80 of
30    that Act.
31    (Source: P.A. 90-517,  eff.  8-22-97;  90-737,  eff.  1-1-99;
 
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 1    91-782, eff. 6-9-00.)

 2        Section 10.  The Freedom of Information Act is amended by
 3    changing Section 2 as follows:

 4        (5 ILCS 140/2) (from Ch. 116, par. 202)
 5        (Text of Section before amendment by P.A. 91-935)
 6        Sec. 2.  Definitions.  As used in this Act:
 7        (a)  "Public  body"  means  any  legislative,  executive,
 8    administrative,  or  advisory  bodies  of  the  State,  state
 9    universities   and  colleges,  counties,  townships,  cities,
10    villages, incorporated towns, school districts and all  other
11    municipal   corporations,  boards,  bureaus,  committees,  or
12    commissions of this State, and any subsidiary bodies  of  any
13    of  the foregoing including but not limited to committees and
14    subcommittees which are supported in whole or in part by  tax
15    revenue,  or which expend tax revenue. "Public body" does not
16    include a child death review team or the Illinois Child Death
17    Review Teams Executive Council established  under  the  Child
18    Death Review Team Act.
19        (b)  "Person"    means   any   individual,   corporation,
20    partnership,  firm,  organization  or   association,   acting
21    individually or as a group.
22        (c)  "Public  records" means all records, reports, forms,
23    writings,   letters,   memoranda,   books,   papers,    maps,
24    photographs, microfilms, cards, tapes, recordings, electronic
25    data  processing  records, recorded information and all other
26    documentary  materials,  regardless  of  physical   form   or
27    characteristics,  having  been  prepared,  or  having been or
28    being used, received, possessed or under the control  of  any
29    public body.  "Public records" includes, but is expressly not
30    limited  to:   (i)  administrative manuals, procedural rules,
31    and instructions to staff, unless exempted by Section 7(p) of
32    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 
SB373 Enrolled             -3-                 LRB9201644SMdv
 1    adjudication of cases, except  an  educational  institution's
 2    adjudication of student or employee grievance or disciplinary
 3    cases;   (iii)   substantive   rules;   (iv)  statements  and
 4    interpretations of policy which have been adopted by a public
 5    body;  (v)  final  planning  policies,  recommendations,  and
 6    decisions; (vi)  factual  reports,  inspection  reports,  and
 7    studies whether prepared by or for the public body; (vii) all
 8    information in any account, voucher, or contract dealing with
 9    the receipt or expenditure of public or other funds of public
10    bodies;  (viii)  the  names,  salaries,  titles, and dates of
11    employment of all employees and officers  of  public  bodies;
12    (ix)  materials  containing opinions concerning the rights of
13    the state, the public, a subdivision  of  state  or  a  local
14    government,  or of any private persons; (x) the name of every
15    official and the final records of voting in  all  proceedings
16    of public bodies; (xi) applications for any contract, permit,
17    grant,  or  agreement  except  as exempted from disclosure by
18    subsection (g) of Section 7 of this Act; (xii)  each  report,
19    document,  study,  or  publication  prepared  by  independent
20    consultants  or  other independent contractors for the public
21    body; (xiii) all other information required by law to be made
22    available for public inspection or copying; (xiv) information
23    relating to any grant or contract made by or between a public
24    body and another public body or  private  organization;  (xv)
25    waiver  documents  filed  with  the  State  Superintendent of
26    Education or the president  of  the  University  of  Illinois
27    under Section 30-12.5 of the School Code, concerning nominees
28    for General Assembly scholarships under Sections 30-9, 30-10,
29    and 30-11 of the School Code and (xvi) complaints, results of
30    complaints,  and  Department  of Children and Family Services
31    staff  findings  of  licensing   violations   at   day   care
32    facilities,    provided   that   personal   and   identifying
33    information is not released.
34        (d)  "Copying"  means  the  reproduction  of  any  public
 
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 1    record by means of any photographic,  electronic,  mechanical
 2    or other process, device or means.
 3        (e)  "Head  of  the  public  body"  means  the president,
 4    mayor, chairman, presiding officer, director, superintendent,
 5    manager, supervisor or individual otherwise  holding  primary
 6    executive  and  administrative authority for the public body,
 7    or such person's duly authorized designee.
 8        (f)  "News media" means a newspaper or  other  periodical
 9    issued at regular intervals, a news service, a radio station,
10    a television station, a community antenna television service,
11    or  a  person  or corporation engaged in making news reels or
12    other motion picture news for public showing.
13    (Source: P.A. 89-681, eff. 12-13-96;  90-144,  eff.  7-23-97;
14    90-670, eff. 7-31-98.)

15        (Text of Section after amendment by P.A. 91-935)
16        Sec. 2.  Definitions.  As used in this Act:
17        (a)  "Public  body"  means  any  legislative,  executive,
18    administrative,  or  advisory  bodies  of  the  State,  state
19    universities   and  colleges,  counties,  townships,  cities,
20    villages, incorporated towns, school districts and all  other
21    municipal   corporations,  boards,  bureaus,  committees,  or
22    commissions of this State, and any subsidiary bodies  of  any
23    of  the foregoing including but not limited to committees and
24    subcommittees which are supported in whole or in part by  tax
25    revenue,  or which expend tax revenue. "Public body" does not
26    include a child death review team or the Illinois Child Death
27    Review Teams Executive Council established  under  the  Child
28    Death Review Team Act.
29        (b)  "Person"    means   any   individual,   corporation,
30    partnership,  firm,  organization  or   association,   acting
31    individually or as a group.
32        (c)  "Public  records" means all records, reports, forms,
33    writings,   letters,   memoranda,   books,   papers,    maps,
34    photographs, microfilms, cards, tapes, recordings, electronic
 
SB373 Enrolled             -5-                 LRB9201644SMdv
 1    data  processing  records, recorded information and all other
 2    documentary  materials,  regardless  of  physical   form   or
 3    characteristics,  having  been  prepared,  or  having been or
 4    being used, received, possessed or under the control  of  any
 5    public body.  "Public records" includes, but is expressly not
 6    limited  to:   (i)  administrative manuals, procedural rules,
 7    and instructions to staff, unless exempted by Section 7(p) of
 8    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 9    adjudication of cases, except  an  educational  institution's
10    adjudication of student or employee grievance or disciplinary
11    cases;   (iii)   substantive   rules;   (iv)  statements  and
12    interpretations of policy which have been adopted by a public
13    body;  (v)  final  planning  policies,  recommendations,  and
14    decisions; (vi)  factual  reports,  inspection  reports,  and
15    studies whether prepared by or for the public body; (vii) all
16    information in any account, voucher, or contract dealing with
17    the receipt or expenditure of public or other funds of public
18    bodies;  (viii)  the  names,  salaries,  titles, and dates of
19    employment of all employees and officers  of  public  bodies;
20    (ix)  materials  containing opinions concerning the rights of
21    the state, the public, a subdivision  of  state  or  a  local
22    government,  or of any private persons; (x) the name of every
23    official and the final records of voting in  all  proceedings
24    of public bodies; (xi) applications for any contract, permit,
25    grant,  or  agreement  except  as exempted from disclosure by
26    subsection (g) of Section 7 of this Act; (xii)  each  report,
27    document,  study,  or  publication  prepared  by  independent
28    consultants  or  other independent contractors for the public
29    body; (xiii) all other information required by law to be made
30    available for public inspection or copying; (xiv) information
31    relating to any grant or contract made by or between a public
32    body and another public body or  private  organization;  (xv)
33    waiver  documents  filed  with  the  State  Superintendent of
34    Education or the president  of  the  University  of  Illinois
 
SB373 Enrolled             -6-                 LRB9201644SMdv
 1    under Section 30-12.5 of the School Code, concerning nominees
 2    for General Assembly scholarships under Sections 30-9, 30-10,
 3    and  30-11  of  the School Code; (xvi) complaints, results of
 4    complaints, and Department of Children  and  Family  Services
 5    staff   findings   of   licensing   violations  at  day  care
 6    facilities,   provided   that   personal   and    identifying
 7    information  is  not  released;  and (xvii) records, reports,
 8    forms, writings, letters, memoranda, books, papers, and other
 9    documentary  information,  regardless  of  physical  form  or
10    characteristics, having been  prepared,  or  having  been  or
11    being  used, received, possessed, or under the control of the
12    Illinois Sports Facilities Authority dealing with the receipt
13    or  expenditure  of  public  funds  or  other  funds  of  the
14    Authority in connection with the reconstruction,  renovation,
15    remodeling, extension, or improvement of all or substantially
16    all  of an existing "facility" as that term is defined in the
17    Illinois Sports Facilities Authority Act.
18        (d)  "Copying"  means  the  reproduction  of  any  public
19    record by means of any photographic,  electronic,  mechanical
20    or other process, device or means.
21        (e)  "Head  of  the  public  body"  means  the president,
22    mayor, chairman, presiding officer, director, superintendent,
23    manager, supervisor or individual otherwise  holding  primary
24    executive  and  administrative authority for the public body,
25    or such person's duly authorized designee.
26        (f)  "News media" means a newspaper or  other  periodical
27    issued at regular intervals, a news service, a radio station,
28    a television station, a community antenna television service,
29    or  a  person  or corporation engaged in making news reels or
30    other motion picture news for public showing.
31    (Source: P.A. 90-144, eff.  7-23-97;  90-670,  eff.  7-31-98;
32    91-935, eff. 6-1-01.)

33        Section  15.   The  Children  and  Family Services Act is
 
SB373 Enrolled             -7-                 LRB9201644SMdv
 1    amended by changing Section 5.15 as follows:

 2        (20 ILCS 505/5.15)
 3        Sec. 5.15.  Daycare; Department of Human Services.
 4        (a)  For the  purpose  of  ensuring  effective  statewide
 5    planning,  development,  and utilization of resources for the
 6    day care of children, operated under  various  auspices,  the
 7    Department  of Human Services is designated to coordinate all
 8    day care activities for  children  of  the  State  and  shall
 9    develop  or  continue,  and  shall update every year, a State
10    comprehensive day-care plan for submission  to  the  Governor
11    that identifies high-priority areas and groups, relating them
12    to  available  resources  and  identifying the most effective
13    approaches to the use of  existing  day  care  services.  The
14    State  comprehensive day-care plan shall be made available to
15    the General Assembly following the  Governor's  approval   of
16    the plan.
17        The  plan  shall  include  methods and procedures for the
18    development of additional day care resources for children  to
19    meet  the  goal of reducing short-run and long-run dependency
20    and to provide necessary enrichment and  stimulation  to  the
21    education  of  young children.  Recommendations shall be made
22    for State policy on optimum use of private and public, local,
23    State and federal resources, including  an  estimate  of  the
24    resources needed for the licensing and regulation of day care
25    facilities.
26        A  written  report shall be submitted to the Governor and
27    the General Assembly annually on April 15. The  report  shall
28    include  an  evaluation  of  developments  over the preceding
29    fiscal  year,  including  cost-benefit  analyses  of  various
30    arrangements.  Beginning with the report in 1990 submitted by
31    the  Department's  predecessor  agency  and  every  2   years
32    thereafter, the report shall also include the following:
33             (1)  An assessment of the child care services, needs
 
SB373 Enrolled             -8-                 LRB9201644SMdv
 1        and  available  resources  throughout  the  State  and an
 2        assessment  of  the  adequacy  of  existing  child   care
 3        services,   including,   but  not  limited  to,  services
 4        assisted under this  Act  and  under  any  other  program
 5        administered by other State agencies.
 6             (2)  A  survey  of  day care facilities to determine
 7        the number of qualified caregivers, as defined  by  rule,
 8        attracted   to   vacant   positions   and   any  problems
 9        encountered by facilities  in  attracting  and  retaining
10        capable   caregivers.    The   report  shall  include  an
11        assessment, based  on  the  survey,  of  improvements  in
12        employee benefits that may attract capable caregivers.
13             (3)  The  average  wages  and  salaries  and  fringe
14        benefit packages paid to caregivers throughout the State,
15        computed  on  a  regional  basis,  compared  to similarly
16        qualified employees in other but related fields.
17             (4)  The qualifications of new caregivers  hired  at
18        licensed  day  care facilities during the previous 2-year
19        period.
20             (5)  Recommendations for increasing caregiver  wages
21        and salaries to ensure quality care for children.
22             (6)  Evaluation  of  the  fee  structure  and income
23        eligibility for child care subsidized by the State.
24        The requirement for reporting  to  the  General  Assembly
25    shall  be  satisfied  by filing copies of the report with the
26    Speaker, the Minority Leader, and the Clerk of the  House  of
27    Representatives,  the President, the Minority Leader, and the
28    Secretary of the Senate, and the Legislative  Research  Unit,
29    as   required   by   Section  3.1  of  the  General  Assembly
30    Organization Act, and filing such additional copies with  the
31    State  Government  Report Distribution Center for the General
32    Assembly as is required under paragraph (t) of Section  7  of
33    the State Library Act.
34        (b)  The  Department  of  Human  Services shall establish
 
SB373 Enrolled             -9-                 LRB9201644SMdv
 1    policies  and  procedures  for  developing  and  implementing
 2    interagency agreements  with  other  agencies  of  the  State
 3    providing  child  care  services  or  reimbursement  for such
 4    services. The plans shall be annually reviewed  and  modified
 5    for  the  purpose  of  addressing issues of applicability and
 6    service system barriers.
 7        (c)  In  cooperation  with  other  State  agencies,   the
 8    Department of Human Services shall  develop and implement, or
 9    shall  continue, a resource and referral system for the State
10    of Illinois either within the Department or by contract  with
11    local  or  regional  agencies.  Funding for implementation of
12    this system may be provided through Department appropriations
13    or other inter-agency funding arrangements. The resource  and
14    referral   system   shall  provide  at  least  the  following
15    services:
16             (1)  Assembling and maintaining a data base  on  the
17        supply of child care services.
18             (2)  Providing   information   and   referrals   for
19        parents.
20             (3)  Coordinating  the development of new child care
21        resources.
22             (4)  Providing technical assistance and training  to
23        child care service providers.
24             (5)  Recording  and  analyzing  the demand for child
25        care services.
26        (d)  The Department of Human Services shall  conduct  day
27    care planning activities with the following priorities:
28             (1)  Development  of  voluntary  day  care resources
29        wherever possible, with the provision  for  grants-in-aid
30        only  where  demonstrated  to  be useful and necessary as
31        incentives  or  supports.  By  January   1,   2002,   the
32        Department  shall design a plan to create more child care
33        slots as well as goals and timetables to improve  quality
34        and accessibility of child care.
 
SB373 Enrolled             -10-                LRB9201644SMdv
 1             (2)  Emphasis  on  service to children of recipients
 2        of  public  assistance  when  such  service  will   allow
 3        training or employment of the parent toward achieving the
 4        goal of independence.
 5             (3)  (Blank).  Maximum  employment  of recipients of
 6        public assistance in day care centers and day care homes,
 7        operated in conjunction  with  short-term  work  training
 8        programs.
 9             (4)  Care  of  children  from families in stress and
10        crises whose members potentially may become,  or  are  in
11        danger of becoming, non-productive and dependent.
12             (5)  Expansion   of   family   day  care  facilities
13        wherever possible.
14             (6)  Location of centers in  economically  depressed
15        neighborhoods,  preferably  in multi-service centers with
16        cooperation  of  other  agencies.  The  Department  shall
17        coordinate the provision  of  grants,  but  only  to  the
18        extent  funds  are  specifically  appropriated  for  this
19        purpose,    to  encourage  the  creation and expansion of
20        child care centers in high need communities to be  issued
21        by the State, business, and local governments.
22             (7)  Use  of  existing  facilities free of charge or
23        for  reasonable  rental  whenever  possible  in  lieu  of
24        construction.
25             (8)  Development of strategies for assuring  a  more
26        complete  range  of day care options, including provision
27        of day care services in homes, in schools, or in centers,
28        which will enable a  parent  or  parents  to  complete  a
29        course  of education or obtain or maintain employment and
30        the creation of more child care options for swing  shift,
31        evening,  and  weekend workers and for working women with
32        sick children.  The Department shall encourage  companies
33        to  provide  child  care  in  their own offices or in the
34        building in which the  corporation  is  located  so  that
 
SB373 Enrolled             -11-                LRB9201644SMdv
 1        employees  of all the building's tenants can benefit from
 2        the facility.
 3             (9)  Development  of  strategies   for   subsidizing
 4        students pursuing degrees in the child care field.
 5             (10)  Continuation and expansion of service programs
 6        that  assist  teen parents to continue and complete their
 7        education.
 8        Emphasis shall be given to  support  services  that  will
 9    help  to ensure such parents' graduation from high school and
10    to services for  participants  in  any  programs the  Project
11    Chance program of job training conducted by the Department.
12        (e)  The  Department  of  Human  Services  shall actively
13    stimulate the development of public and private resources  at
14    the  local  level. It shall also seek the fullest utilization
15    of federal funds directly  or  indirectly  available  to  the
16    Department.
17        Where  appropriate, existing non-governmental agencies or
18    associations shall be involved in planning by the Department.
19        (f)  To better accommodate the child care  needs  of  low
20    income   working   families,  especially  those  who  receive
21    Temporary Assistance for Needy Families  (TANF)  or  who  are
22    transitioning  from  TANF  to  work,  or  who  are at risk of
23    depending  on  TANF  in  the  absence  of  child  care,   the
24    Department   shall   complete  a  study  using  outcome-based
25    assessment measurements to analyze the various types of child
26    care needs, including but not limited to: child  care  homes;
27    child  care  facilities;  before  and  after school care; and
28    evening and weekend care.  Based upon  the  findings  of  the
29    study, the Department shall develop a plan by April 15, 1998,
30    that  identifies the various types of child care needs within
31    various geographic locations.  The plan  shall  include,  but
32    not be limited to, the special needs of parents and guardians
33    in  need of non-traditional child care services such as early
34    mornings, evenings, and  weekends;  the  needs  of  very  low
 
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 1    income  families  and  children  and how they might be better
 2    served; and strategies to assist child care providers to meet
 3    the needs and schedules of low income families.
 4    (Source: P.A. 89-507,  eff.  7-1-97;  90-236,  eff.  7-28-97;
 5    90-590, eff. 1-1-99.)

 6        Section  20.   The Child Death Review Team Act is amended
 7    by changing Sections 10, 15, 30, and 35 and by adding Section
 8    40 as follows:

 9        (20 ILCS 515/10)
10        Sec. 10.  Definitions.  As used in this Act,  unless  the
11    context requires otherwise:
12        "Child" means any person under the age of 18 years unless
13    legally  emancipated  by  reason  of marriage or entry into a
14    branch of the United States armed services.
15        "Department" means the Department of Children and  Family
16    Services.
17        "Director"  means  the  Director  of  Children and Family
18    Services.
19        "Executive Council" means the Illinois Child Death Review
20    Teams Executive Council.
21    (Source: P.A. 90-239, eff. 7-28-97.)

22        (20 ILCS 515/15)
23        Sec. 15.  Child death review teams; establishment.
24        (a)  The Director, in  consultation  with  the  Executive
25    Council, law enforcement, and other professionals who work in
26    the  field  of  investigating,  treating, or preventing child
27    abuse or neglect in that subregion, shall appoint members  to
28    a  child  death  review  team  in  each  of  the Department's
29    administrative subregions of the State  outside  Cook  County
30    and at least one child death review team in Cook County.  The
31    members  of  a  team  shall be appointed for 2-year terms and
 
SB373 Enrolled             -13-                LRB9201644SMdv
 1    shall be eligible for reappointment upon  the  expiration  of
 2    the terms.
 3        (b)  Each  child  death  review  team shall consist of at
 4    least one member from each of the following categories:
 5             (1)  Pediatrician or other  physician  knowledgeable
 6        about child abuse and neglect.
 7             (2)  Representative of the Department.
 8             (3)  State's    attorney   or   State's   attorney's
 9        representative.
10             (4)  Representative  of  a  local  law   enforcement
11        agency.
12             (5)  Psychologist or psychiatrist.
13             (6)  Representative of a local health department.
14             (7)  Representative  of  a  school district or other
15        education or child care interests.
16             (8)  Coroner or forensic pathologist.
17             (9)  Representative of a  child  welfare  agency  or
18        child advocacy organization.
19             (10)  Representative  of  a  local  hospital, trauma
20        center, or provider of emergency medical services.
21        Each child death review team may make recommendations  to
22    the Director concerning additional appointments.
23        Each   child   death   review   team   member  must  have
24    demonstrated experience and  an  interest  in  investigating,
25    treating, or preventing child abuse or neglect.
26        (c)  Each   child   death  review  team  shall  select  a
27    chairperson from among its  members.  The  chairperson  shall
28    also serve on the Illinois Child Death Review Teams Executive
29    Council.
30    (Source: P.A. 88-614, eff. 9-7-94.)

31        (20 ILCS 515/30)
32        Sec. 30.  Public access to information.
33        (a)  Meetings  of  the  child  death review teams and the
 
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 1    Executive Council shall be closed to the public.  Meetings of
 2    the child death review teams and the  Executive  Council  are
 3    not  subject to the Open Meetings Act (5 ILCS 120/1 et seq.),
 4    as provided in that Act.
 5        (b)  Records and information provided to  a  child  death
 6    review team and the Executive Council, and records maintained
 7    by  a team or the Executive Council, are confidential and not
 8    subject to the Freedom of Information Act (5  ILCS  140/1  et
 9    seq.), as provided in that Act.
10        Nothing  contained  in  this  subsection (b) prevents the
11    sharing or disclosure of records, other than  those  produced
12    by  a  Child  Death  Review  Team  or  the Executive Council,
13    relating or pertaining to the death of a minor under the care
14    of or receiving services from the Department of Children  and
15    Family  Services  and  under the jurisdiction of the juvenile
16    court with the juvenile court, the State's Attorney, and  the
17    minor's attorney.
18        (c)  Members  of  a  child  death  review  team  and  the
19    Executive  Council  are  not  subject  to examination, in any
20    civil  or   criminal   proceeding,   concerning   information
21    presented  to members of the team or the Executive Council or
22    opinions formed by members  of  the  team  or  the  Executive
23    Council based on that information.  A person may, however, be
24    examined  concerning  information  provided  to a child death
25    review team  or  the  Executive  Council  that  is  otherwise
26    available to the public.
27        (d)  Records  and  information  produced by a child death
28    review team and the Executive  Council  are  not  subject  to
29    discovery  or  subpoena and are not admissible as evidence in
30    any  civil  or  criminal  proceeding.   Those   records   and
31    information are, however, subject to discovery or a subpoena,
32    and  are  admissible  as  evidence,  to  the  extent they are
33    otherwise available to the public.
34    (Source: P.A. 90-15, eff. 6-13-97)
 
SB373 Enrolled             -15-                LRB9201644SMdv
 1        (20 ILCS 515/35)
 2        Sec. 35.  Indemnification.  The State shall indemnify and
 3    hold harmless members of a child death review  team  and  the
 4    Executive  Council  for all their acts, omissions, decisions,
 5    or other conduct arising out of the scope of their service on
 6    the team or Executive Council, except those involving willful
 7    or   wanton   misconduct.    The    method    of    providing
 8    indemnification  shall  be  as provided in the State Employee
 9    Indemnification Act (5 ILCS 350/1 et seq.).
10    (Source: P.A. 88-614, eff. 9-7-94.)

11        (20 ILCS 515/40 new)
12        Sec. 40.  Illinois Child  Death  Review  Teams  Executive
13    Council.
14        (a)  The  Illinois  Child  Death  Review  Teams Executive
15    Council, consisting of the chairpersons of the 9 child  death
16    review  teams  in Illinois, is the coordinating and oversight
17    body for child death review teams and activities in Illinois.
18    The  vice-chairperson  of  a  child  death  review  team,  as
19    designated by the chairperson, may serve as a back-up  member
20    or  an  alternate  member  of  the  Executive Council, if the
21    chairperson of the child death review team is unavailable  to
22    serve  on the Executive Council. The Inspector General of the
23    Department,  ex  officio,  is  a  non-voting  member  of  the
24    Executive Council.  The Director may appoint to the Executive
25    Council any ex-officio  members  deemed  necessary.   Persons
26    with expertise needed by the Executive Council may be invited
27    to  meetings.   The  Executive  Council  must select from its
28    members a chairperson and a vice-chairperson, each to serve a
29    2-year, renewable term.
30        The Executive Council must meet at least 4  times  during
31    each calendar year.
32        (b)  The Department must provide or arrange for the staff
33    support  necessary for the Executive Council to carry out its
 
SB373 Enrolled             -16-                LRB9201644SMdv
 1    duties. The Director, in cooperation  and  consultation  with
 2    the  Executive  Council, shall appoint, reappoint, and remove
 3    team members.
 4        (c)  The Executive Council has, but is  not  limited  to,
 5    the following duties:
 6             (1)  To  serve  as  the  voice of child death review
 7        teams in Illinois.
 8             (2)  To oversee  the  regional  teams  in  order  to
 9        ensure  that  the  teams'  work  is  coordinated  and  in
10        compliance with the statutes and the operating protocol.
11             (3)  To ensure that the data, results, findings, and
12        recommendations  of the teams are adequately used to make
13        any necessary changes in the  policies,  procedures,  and
14        statutes in order to protect children in a timely manner.
15             (4)  To  collaborate  with the General Assembly, the
16        Department,  and  others  in   order   to   develop   any
17        legislation  needed  to  prevent  child fatalities and to
18        protect children.
19             (5)  To assist in the development of  quarterly  and
20        annual  reports based on the work and the findings of the
21        teams.
22             (6)  To  ensure  that  the  regional  teams'  review
23        processes are  standardized  in  order  to  convey  data,
24        findings, and recommendations in a usable format.
25             (7)  To  serve  as  a  link  with child death review
26        teams  throughout  the  country  and  to  participate  in
27        national child death review team activities.
28             (8)  To develop an  annual  statewide  symposium  to
29        update  the  knowledge  and  skills of child death review
30        team members and to promote the exchange  of  information
31        between teams.
32             (9)  To  provide  the  child death review teams with
33        the most current  information  and  practices  concerning
34        child death review and related topics.
 
SB373 Enrolled             -17-                LRB9201644SMdv
 1             (10)  To  perform  any  other functions necessary to
 2        enhance the capability of the child death review teams to
 3        reduce and prevent child injuries and fatalities.
 4        (d)  In any instance when a child death review team  does
 5    not  operate  in  accordance  with  established protocol, the
 6    Director, in consultation and cooperation with the  Executive
 7    Council,  must  take  any necessary actions to bring the team
 8    into compliance with the protocol.

 9        Section 25.  The Department of State Police  Law  of  the
10    Civil  Administrative  Code  of Illinois is amended by adding
11    Section 2605-480 as follows:

12        (20 ILCS 2605/2605-480 new)
13        Sec. 2605-480.  Statewide kidnapping alert program.   The
14    Department  of  State  Police  shall  develop  a  coordinated
15    program  for  a statewide emergency alert system when a child
16    is missing or kidnapped.

17        Section 95.  No acceleration or delay.   Where  this  Act
18    makes changes in a statute that is represented in this Act by
19    text  that  is not yet or no longer in effect (for example, a
20    Section represented by multiple versions), the  use  of  that
21    text  does  not  accelerate or delay the taking effect of (i)
22    the changes made by this Act or (ii) provisions derived  from
23    any other Public Act.

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

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