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20 ILCS 505/35.5
(20 ILCS 505/35.5)
(a) The Governor shall appoint, and the Senate shall confirm, an Inspector
General who shall
have the authority to conduct investigations into allegations of or incidents
of possible misconduct, misfeasance, malfeasance, or violations of rules,
procedures, or laws by any employee, foster parent, service provider, or
contractor of the Department of Children and Family Services, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation. The Inspector
General shall make recommendations
to the Director of Children and Family Services concerning sanctions or
disciplinary actions against Department
employees or providers of service under contract to the Department. The Director of Children and Family Services shall provide the Inspector General with an implementation report on the status of any corrective actions taken on recommendations under review and shall continue sending updated reports until the corrective action is completed. The Director shall provide a written response to the Inspector General indicating the status of any sanctions or disciplinary actions against employees or providers of service involving any investigation subject to review. In any case, information included in the reports to the Inspector General and Department responses shall be subject to the public disclosure requirements of the Abused and Neglected Child Reporting Act.
conducted by the Inspector General shall be independent and separate from the
investigation mandated by the Abused and Neglected Child Reporting Act. The
Inspector General shall be appointed for a term of 4 years. The Inspector
General shall function independently within the Department of Children and Family Services with respect to the operations of the Office of Inspector General, including the performance of investigations and issuance of findings and recommendations, and shall
report to the Director of Children and Family Services and the Governor and
duties the Director may designate. The Inspector General shall adopt rules
as necessary to carry out the
functions, purposes, and duties of the office of Inspector General in the
Department of Children and Family Services, in accordance with the Illinois
Administrative Procedure Act and any other applicable law.
(b) The Inspector
General shall have access to all information and personnel necessary to perform
the duties of the office. To minimize duplication of efforts, and to assure
consistency and conformance with the requirements and procedures established in
the B.H. v. Suter consent decree and to share resources
when appropriate, the Inspector General shall coordinate his or her
activities with the Bureau of Quality Assurance within the Department.
(c) The Inspector General shall be the primary liaison between the
Department and the Department of State Police with regard to investigations
conducted under the Inspector General's auspices.
If the Inspector General determines that a possible criminal act
has been committed,
or that special expertise is required in the investigation, he or she shall
immediately notify the Department of State Police.
All investigations conducted by the Inspector General shall be
conducted in a manner designed to ensure the preservation of evidence for
possible use in a criminal prosecution.
(d) The Inspector General may recommend to the Department of Children and
Family Services, the Department of Public Health, or any other appropriate
agency, sanctions to be imposed against service providers under the
jurisdiction of or under contract with the Department for the protection of
children in the custody or under the guardianship of the Department who
received services from those providers. The Inspector General may seek the
assistance of the Attorney General or any of the several State's Attorneys in
(e) The Inspector General shall at all times be granted access to any foster
home, facility, or program operated for or licensed or funded by the
(f) Nothing in this Section shall limit investigations by the Department of
Children and Family Services that may otherwise be required by law or that may
be necessary in that Department's capacity as the central administrative
authority for child welfare.
(g) The Inspector General shall have the power to subpoena witnesses and
compel the production of books and papers pertinent to an investigation
authorized by this Act. The power to subpoena or to compel the
production of books and papers, however, shall not extend to the person or
documents of a
labor organization or its representatives insofar as the person or documents of
a labor organization relate to the function of representing an employee subject
to investigation under this Act. Any person who fails to appear in response to
a subpoena or to answer any question or produce any books or papers pertinent
to an investigation under this Act, except as otherwise provided in this
Section, or who knowingly gives false testimony in relation to an investigation
under this Act is guilty of a Class A misdemeanor.
(h) The Inspector General shall provide to the General Assembly and the
Governor, no later than January 1 of each year, a summary of reports and
investigations made under this Section for the prior fiscal year. The
summaries shall detail the imposition of sanctions and the final disposition
of those recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries also shall include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)