HB5085 93RD GENERAL ASSEMBLY

LRB093 20184 BDD 45929 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5085

Introduced 02/05/04, by Mary E. Flowers

SYNOPSIS AS INTRODUCED:

20 ILCS 505/5f new
20 ILCS 505/34.13 new
20 ILCS 505/34.14 new
30 ILCS 500/35-17 new

Amends the Children and Family Services Act to create the Children's Services Commission. Provides that the Commission shall recommend ways to more effectively deliver services provided by the State to children and families, to promote inter-agency cooperation relating to the delivery of those services, to more effectively use existing resources, and to eliminate duplication of efforts. Directs the Commission to make recommendations on the abolition of existing boards, committees, and commissions and on the consolidation of the powers and duties of those boards, committees, and commissions into a single entity. Creates the Task Force on Accreditation of Services for Children, which shall develop accreditation standards for foster homes, group homes, community facilities, and other facilities and a 2-year plan for mandatory accreditation for those facilities. Requires employees of the Department of Children and Family Services and independent contractors to possess certain qualifications before providing direct child welfare services. Amends the Illinois Procurement Code to require prospective contractors for child welfare services to prequalify with the Department of Children and Family Services. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning services for children.

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

Section 5. The Children and Family Services Act is amended by adding Sections 5f, 34.13, and 34.14 as follows:

(20 ILCS 505/5f new)

Sec. 5f. Qualifications for direct child welfare service employees.

(a) After July 1, 2004, a person shall not be hired as a direct child welfare service employee or an independent contractor for direct child welfare services unless that person has (i) a master's degree from an accredited or State-approved graduate school in social work or social welfare, marriage, family, and child counseling, child psychology, child development, or child counseling psychology or (ii) the equivalent education and experience, as determined by the Department. If a person who is, on the effective date of this amendatory Act of the 93rd General Assembly, a direct child welfare service employee or an independent contractor who provides direct child welfare services does not possess the qualifications required by this Section by July 1, 2007, that person's employment or contract shall be terminated.

(b) In addition to the requirements of subsection (a), after July 1, 2004, a person shall not be hired as a direct child welfare service employee or an independent contractor for direct child welfare services unless that person has all of the following:

(1) At least 3 semester units or 100 days of field practice or experience at the master's level in a public or private social service agency setting.

(2) At least 9 semester units of course work related to children and families or 18 months experience in working with children and families.

(3) At least 3 semester units in working with minority populations, 6 months of experience with minority populations, or 6 months in-service training in working with minority populations within the first year of employment as a condition of employment.

(4) At least 3 semester units in child welfare or 2 years of experience in a public or private child welfare social service setting.

(c) As used in this Section, "direct child welfare service employee" means a public or private employee who provides investigative services, foster care services, or family preservation services by or through the Department.

(20 ILCS 505/34.13 new)

Sec. 34.13. Children's Services Commission.

(a) There is established within the Department of Children and Family Services the Children's Services Commission. The Commission shall be composed of the following members:

(1) The Director or Deputy Director of: the Department of Children and Family Services, the Department of Public Aid, the Department of State Police, and the Department of Public Health; and the Secretary or Assistant Secretary of Human Services.

(2) The State Superintendent of Education.

(3) One judge of a juvenile court, appointed by the Chief Justice of the Supreme Court.

(4) Four members of the House of Representatives, 2 of whom shall be appointed by the Speaker of the House of Representatives and 2 of whom shall be appointed by the Minority Leader of the House of Representatives.

(5) Four members of the Senate, 2 of whom shall be appointed by the President of the Senate and 2 of whom shall be appointed by the Minority Leader of the Senate.

(b) The Commission shall:

(1) Make recommendations on how to encourage greater inter-agency coordination and cooperation, to provide for more effective utilization of existing resources, and to eliminate duplication of efforts in activities of State agencies that affect the legal rights and well-being of children in Illinois. These recommendations shall include recommendations for (i) the abolition of existing boards, committees, and commissions created under this Act or the Abused and Neglected Child Reporting Act and other State boards, committees, and commissions that deal with child welfare issues and (ii) the consolidation of the powers and duties of those boards, committees, and commissions into a single board, committee, or commission.

(2) Develop a plan, to be phased in over a 3-year period, for an integrated system for providing child welfare and child care services to children in this State through State programs.

(3) Develop a plan to improve the quality of child welfare programs Statewide. This plan shall include, but not be limited to:

(A) Methods for making these programs available to those children and families who need them regardless of their geographic location in the State or their financial limitations.

(B) Program recommendations for child welfare services that include child development, education, supervision, health, and social services.

(C) Recommendations to address all federal mandates concerning State child welfare programs.

(4) Evaluate the Commission's success in fulfilling its duties under this Section.

(5) Submit a report to the General Assembly by February 1 of each year detailing the Commission's activities and setting forth its recommendations.

(c) The Commission shall have an executive director, appointed by the Director of Children and Family Services, and 5 staff members who shall be provided by the Department of Children and Family Services. The costs of the Commission shall be paid from appropriations to the Department of Children and Family Services for that purpose.

(20 ILCS 505/34.14 new)

Sec. 34.14. Accreditation of services for children.

(a) There is established within the Department of Children and Family Services the Task Force on Accreditation of Services for Children. The Governor shall convene a meeting of that body on or before July 1, 2004.

(b) The Governor shall appoint a minimum of 15 members to the Task Force. Membership of the Task Force shall include, but not be limited to, the following:

(1) A representative from the Department of Children and Family Services, the Department of Public Aid, the Department of Public Health, and the Department of Human Services.

(2) A representative from the State Board of Education.

(3) Four representatives from university research schools with expertise in children's services and, specifically, standards of care.

(4) Three professionals in the field of child welfare service delivery who have at least 5 years of direct child welfare service experience and who have a minimum of a Master's level degree in graduate studies related to child welfare service delivery.

(5) Two pediatric physicians, at least one of whom is a pediatric psychiatrist, with at least 5 years of direct child welfare servicing experience.

(6) One representative with experience in accreditation of agencies serving children.

(c) No member serving on the Task Force shall be under contract with the State of Illinois.

(d) Members of the Task Force shall receive no compensation related to their service on the Task Force with the exception of departmental employees.

(e) The Task Force may consult with additional persons, advisory entities, and governmental agencies, as the Task Force determines necessary.

(f) The Task Force shall develop a 2-year plan for mandatory accreditation of all facilities for children in substitute care, including group homes, foster family agencies, foster family homes, and community treatment facilities, in order to achieve the maximum quality of residential services for children. Accreditation standards shall also be developed for child welfare service personnel who are employed by or are under contract with child welfare agencies.

(g) The plan shall include, but not be limited to, all of the following:

(1) Proof that the standards of accreditation have been written with the participation of a diverse group of service providers, advocacy organizations, and placement agency personnel.

(2) A draft that sets forth accreditation standards that are comprehensive and detailed, are concerned with optimal achievement rather than minimal quality, and provide for continuing and objective evaluation of services.

(3) A recommended schedule for implementation of accreditation of residential facilities for children, and a fiscal incentive strategy for programs that become accredited.

The Task Force shall report its plan to the Governor and the General Assembly by December 31, 2004.

Section 10. The Illinois Procurement Code is amended by adding Section 35-17 as follows:

(30 ILCS 500/35-17 new)

Sec. 35-17. Prequalification for child welfare services. The Department of Children and Family Services shall require prospective contractors for child welfare services, including those contracts involving professional skills, to be prequalified to determine their responsibility and competency to perform the prospective contract. Contractors, including the principals, officers, or directors of a corporation, who engage in political activity to influence the bidding selection process or make political contributions to political office holders who may influence the bidding selection process, are automatically excluded from the bidding process.

Section 99. Effective date. This Act takes effect on July 1, 2004.