20 ILCS 1305/ Department of Human Services Act.

(20 ILCS 1305/10-67)

Sec. 10-67. Rights and resources for immigrants, refugees, and asylum seekers; public information campaign.

(a) The Department of Human Services, in consultation with the Department on Aging, the Department of Children and Family Services, the Department of Employment Security, and the Department of Public Health, shall conduct a public information campaign to educate immigrants, refugees, asylum seekers, and other noncitizens residing in Illinois of their rights under the U.S. Constitution and Illinois laws that apply regardless of immigration status. The public information campaign must include resources and contact information for organizations that can aid residents in protecting and enforcing these rights.

(b) The Department of Human Services, in consultation with the Department of Transportation and other agencies, when necessary, shall post resources and other information regarding immigrant, refugee, and asylum seekers' rights in high-traffic public areas, including, but not limited to, train stations, airports, and highway rest stops.

(c) The Department of Human Services may adopt rules or joint rules with other agencies to implement the requirements of this Section.

(Source: P.A. 102-408, eff. 1-1-22.)

(20 ILCS 1305/10-70)

Sec. 10-70. Gateways to Opportunity.

(a) Subject to the availability of funds, the Department of Human Services shall operate a Gateways to Opportunity program, a comprehensive professional development system. The goal of Gateways to Opportunity is to support a diverse, stable, and quality workforce for settings serving children and youth, specifically to:

(1) enhance the quality of services;

(2) increase positive outcomes for children and youth; and

(3) advance the availability of coursework and training related to quality services for children and youth.

(b) The Department shall award Gateways to Opportunity credentials to early care and education, school-age, and youth development practitioners. The credentials shall validate an individual's qualifications and shall be issued based on a variety of professional achievements in field experience, knowledge and skills, educational attainment, and training accomplishments. The Department shall adopt rules outlining the framework for awarding credentials.

(c) The Gateways to Opportunity program shall identify professional knowledge guidelines for practitioners serving children and youth. The professional knowledge guidelines shall define what all adults who work with children and youth need to know, understand, and be able to demonstrate to support children's and youth's development, school readiness, and school success. The Department shall adopt rules to identify content areas, alignment with other professional standards, and competency levels.

(Source: P.A. 96-864, eff. 1-21-10; 97-333, eff. 8-12-11.)

(20 ILCS 1305/10-75)

Sec. 10-75. Homelessness supports in Illinois.

(a) The Office to Prevent and End Homelessness (Office) is created within the Department of Human Services to facilitate the implementation of a strategic plan and initiatives aimed at decreasing homelessness and unnecessary institutionalization in Illinois, improving health and human services outcomes for people who experience homelessness, and strengthening the safety nets that contribute to housing stability. The Office shall be led by the State Homelessness Chief Officer who shall report to the Secretary of the Department. The Chief Officer shall also chair the Interagency Task Force on Homelessness, co-chair the Community Advisory Council on Homelessness, and lead the State's comprehensive efforts related to homelessness prevention. The Chief Officer shall serve as a policymaker and spokesperson on homelessness prevention, including coordinating the multi-agency effort through legislation, rules, and budgets and communicating with the General Assembly and federal and local leaders on these critical issues.

(b) The Interagency Task Force on Homelessness is created within the Department of Human Services to facilitate and implement initiatives related to decreasing homelessness and unnecessary institutionalization in this State, improve health and human services outcomes for people who experience homelessness, and strengthen the safety nets that contribute to housing stability. The Task Force shall:

(1) Implement the State Plan which is aimed at addressing homelessness and unnecessary institutionalization with the goals of achieving functional zero homelessness, improving health and human services outcomes for people experiencing homelessness, and strengthening the safety nets that contribute to housing stability.

(2) Recommend policy, regulatory, and resource changes necessary to accomplish goals and objectives laid out in the State Plan.

(3) Serve within State government and in the State at large as an advocate for people experiencing homelessness.

(4) Provide leadership for and collaborate with those developing and implementing local plans to end homelessness in Illinois, including, but not limited to, the Community Advisory Council and its members.

(5) Recommend the resources needed for successful implementation and oversee that implementation.

(6) Recommend and promote effective interagency collaboration and system integration to converge related efforts, including coordination with the Illinois Youth Homelessness Prevention Subcommittee, the Illinois Commission on the Elimination of Poverty, and the Illinois Commission to End Hunger on drafting policy recommendations related to the intersection of homelessness and poverty.

(7) Recommend needed policy, regulatory, and resource distribution changes; make oversight recommendations that will ensure accountability, results, and sustained success; and develop specific proposals and recommendations for action to provide to the Governor and the General Assembly.

(d) The Task Force may solicit feedback from stakeholders, customers, and advocates to inform Task Force recommendations as necessary.

(e) On or before December 1, 2024, and each year thereafter, the Task Force shall submit a report to the Governor and General Assembly regarding the Task Force's work during the year prior, any new recommendations developed by the Task Force, any recommendations made by the Community Advisory Council on Homelessness, and any key outcomes and measures related to homelessness.

(f) The Task Force shall include the following members appointed by the Governor:

(1) The Chief Homelessness Officer, who shall serve as Chair.

(2) The Secretary of Human Services, or his or her designee.

(3) The Executive Director of the Illinois Housing Development Authority, or his or her designee.

(4) The Director of Healthcare and Family Services, or his or her designee.

(5) The Superintendent of the State Board of Education, or his or her designee.

(6) The Executive Director of the Board of Higher Education, or his or her designee.

(7) The Executive Director of the Illinois Community College Board, or his or her designee.

(8) The Director of Corrections, or his or her designee.

(9) The Director of Veterans' Affairs, or his or her designee.

(10) The Director of Children and Family Services, or his or her designee.

(11) The Director of Public Health, or his or her designee.

(12) The Director of Aging, or his or her designee.

(13) The Director of Juvenile Justice, or his or her designee.

(14) The Director of Commerce and Economic Opportunity, or his or her designee.

(15) The Director of Employment Security, or his or her designee.

(16) The Director of the Illinois State Police, or his or her designee.

(17) The Executive Director of the Illinois Criminal Justice Authority, or his or her designee.

(18) The Director of the Office of Management and Budget, or his or her designee.

(g) The Task Force shall also include the following members:

(1) One member appointed by the President of the Senate.

(2) One member appointed by the Minority Leader of the Senate.

(3) One member appointed by the Speaker of the House of Representatives.

(4) One member appointed by the Minority Leader of the House of Representatives.

(h) The Chair of the Task Force may appoint additional representatives from State agencies as needed.

(i) The Task Force shall meet at the call of the chair, at least 4 times per year. Members shall serve without compensation.

(j) The Task Force may establish subcommittees to address specific issues or populations and may collaborate with individuals with relevant expertise who are not members of the Task Force to assist the subcommittee in carrying out its duties.

(k) The Department of Human Services shall provide administrative support to the Task Force.

(l) Nothing in this Act shall be construed to contravene any federal or State law or regulation. Unless specifically referenced in this Act, nothing in this Act shall affect or alter the existing statutory powers of any State agency or be construed as a reassignment or reorganization of any State agency.

(m) Community Advisory Council. The Community Advisory Council on Homelessness is created within the Department of Human Services to make recommendations to the Interagency Task Force on Homelessness regarding homelessness and unnecessary institutionalization with the goals of achieving functional zero homelessness, improving health and human services outcomes for people experiencing homelessness and strengthening the safety nets that contribute to housing stability.

(1) The Advisory Council shall be co-chaired by the Chief Homelessness Officer and a member of the Advisory Council designated by the Governor. The Advisory Council shall consist of all of the following members appointed by the Governor. Members appointed to the Advisory Council must reflect the racial, ethnic, and geographic diversity of this State. The Chief may include any State agency staff that they deem necessary as ex officio, nonvoting members of the Community Advisory Council.

(A) Three members with lived experience of homelessness or housing insecurity, which may include, but are not limited to, formerly incarcerated persons, veterans, and youth (16 to 25 years old).

(B) One member representing individuals with disabilities.

(C) Two members representing the philanthropic private funding sector.

(D) One member representing a statewide behavioral health advocacy organization.

(E) One member representing a statewide housing advocacy organization.

(F) At least 2 members representing local Continuums of Care.

(G) At least 3 members representing local units of government (municipal, county, or township).

(H) One member representing an organization that supports victims of domestic violence.

(I) A minimum of 4 members representing providers of the homeless response system inclusive of, but not limited to, emergency supportive housing, rapid rehousing, permanent supportive housing, homeless youth programs, and homeless prevention.

(J) Two members, who may or may not meet the qualification requirements for the other appointees.

The Advisory Council shall meet at least 4 times per year.

(2) Members shall serve without compensation, but public members may be reimbursed for reasonable and necessary travel expenses connected to Task Force business. Persons with lived experience of homelessness and housing insecurity, who are not otherwise compensated by employers to attend the Community Advisory Council, shall receive compensation for each quarterly Council meeting attended.

(3) The meetings of the Advisory Council shall be conducted in accordance with the provisions of Section 2 of the Open Meetings Act. The Department of Human Services shall provide staff and administrative support to assist the Advisory Council in carrying out its duties.

(4) Nothing in this Act shall be construed to contravene any federal or State law or regulation. Unless specifically referenced in this Act, nothing in this Act shall affect or alter the existing statutory powers of any State agency or be construed as a reassignment or reorganization of any State agency.

(5) On or before November 15, 2023, and each year thereafter, the Advisory Council shall submit recommendations to the Interagency Task Force on Homelessness.

(Source: P.A. 103-269, eff. 7-26-23.)

(20 ILCS 1305/Art. 80 heading) ARTICLE 80. TRANSITION PROVISIONS

(20 ILCS 1305/80-5)

Sec. 80-5. Task Force on Human Services Consolidation.

(a) There is hereby established a Task Force on Human Services Consolidation.

(b) The Task Force shall consist of 7 voting members, as follows: one person appointed by the Governor, who shall serve as chair of the Task Force; 2 members appointed by the President of the Senate, one of whom shall be designated a vice chair at the time of appointment; one member appointed by the Senate Minority Leader; 2 members appointed by the Speaker of the House of Representatives, one of whom shall be designated a vice chair at the time of appointment; and one member appointed by the House Minority Leader.

Members appointed by the legislative leaders shall be appointed for the duration of the Task Force; in the event of a vacancy, the appointment to fill the vacancy shall be made by the legislative leader of the same house and party as the leader who made the original appointment. The Governor may at any time terminate the service of the person appointed by the Governor and reappoint a different person to serve as chair of the Task Force.

The following persons (or their designees) shall serve, ex officio, as nonvoting members of the Task Force: the Director of Public Health, the Director of Public Aid, the Director of Children and Family Services, the Director of the Governor's Office of Management and Budget, and, until their offices are abolished, the Director of Mental Health and Developmental Disabilities, the Director of Rehabilitation Services, and the Director of Alcoholism and Substance Abuse. The Governor may appoint up to 3 additional persons to serve as nonvoting members of the Task Force; such persons shall be officers or employees of a constitutional office or of a department or agency of the executive branch.

The Task Force may begin to conduct business upon the appointment of a majority of the voting members. If the chair has not been appointed but both vice chairs have been appointed, the 2 vice chairs shall preside jointly. If the chair has not been appointed and only one vice chair has been appointed, that vice chair shall preside.

Members shall serve without compensation but may be reimbursed for their expenses.

(c) The Task Force shall gather information and make recommendations relating to the planning, organization, and implementation of human services consolidation. The Task Force shall work to assure that the human services delivery system meets and adheres to the goals of quality, efficiency, accountability, and financial responsibility; to make recommendations in keeping with those goals concerning the design, operation, and organizational structure of the new Department of Human Services; and to recommend any necessary implementing legislation.

The Task Force shall monitor the implementation of human service program reorganization and shall study its effect on the delivery of services to the citizens of Illinois. The Task Force shall make recommendations to the Governor and the General Assembly regarding future consolidation of human service programs and functions.

(d) The Task Force shall:

(1) review and make recommendations on the organizational structure of the new Department of Human Services;

(2) review and approve plans for a unified electronic management and intake information and reporting system as provided in Section 1-25, and monitor and guide the implementation of the system;

(3) review and make recommendations on the consolidation or elimination of fragmented or duplicative programs;

(4) monitor and make recommendations on how best to maximize future federal funding for the new Department of Human Services, specifically including consideration of any federal Medicaid, welfare, or block grant reform;

(5) review and make recommendations on geographic regionalization;

(6) review and make recommendations on development of common intake and client confidentiality processes;

(7) review and make recommendations to foster effective community-based privatization;

(8) obtain a management audit of the Department of Children and Family Services, to be completed and submitted to the Task Force no later than July 1, 1997; and

(9) review any other appropriate matter and make recommendations to assure a high quality, efficient, accountable, and financially responsible system for the delivery of human services to the people of Illinois.

(e) The Task Force may hire any necessary staff or consultants, enter into contracts, and make any expenditures necessary for carrying out its duties, all out of moneys appropriated for that purpose. Staff support services may be provided to the Task Force by the Office of the Governor, the agencies of State government directly involved in the reorganization of the delivery of human services, and appropriate legislative staff.

(f) The Task Force may establish an advisory committee to ensure maximum public participation in the Task Force's planning, organization, and implementation review process. If established, the advisory committee shall (1) advise and assist the Task Force in its duties, (2) help the Task Force to identify issues of public concern, and (3) meet at least quarterly.

(g) The Task Force shall submit preliminary reports of its findings and recommendations to the Governor and the General Assembly by February 1, 1997 and February 1, 1998 and a final report by January 1, 1999. It may submit other reports as it deems appropriate.

(h) The Task Force is abolished on February 1, 1999.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 1305/80-10)

Sec. 80-10. Discontinued departments and offices; successor agency.

(a) The Department of Alcoholism and Substance Abuse, the Department of Mental Health and Developmental Disabilities, and the Department of Rehabilitation Services are abolished on July 1, 1997.

(b) The terms of the persons then serving as the directors and assistant directors of the Department of Alcoholism and Substance Abuse, the Department of Mental Health and Developmental Disabilities, and the Department of Rehabilitation Services shall end on July 1, 1997, and those offices are abolished on that date.

(c) For the purposes of the Successor Agency Act, the Department of Human Services is declared to be the successor agency of the Department of Alcoholism and Substance Abuse, the Department of Mental Health and Developmental Disabilities, and the Department of Rehabilitation Services.

(d) For the purposes of the Successor Agency Act, the Department of Human Services is declared to be the successor agency of the Department of Public Aid, the Department of Public Health, and the Department of Children and Family Services, but only with respect to the functions of those Departments that are transferred to the Department of Human Services under this Act.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-15)

Sec. 80-15. Transfer of powers.

(a) Except as otherwise provided in this Act, all of the rights, powers, duties, and functions vested by law in the Department of Alcoholism and Substance Abuse, the Department of Mental Health and Developmental Disabilities, and the Department of Rehabilitation Services or in any office, council, committee, division, or bureau thereof are transferred to the Department of Human Services on July 1, 1997.

(b) The rights, powers, duties, and functions vested in the Department of Public Aid (or in any office, council, committee, division, or bureau thereof) under Articles III, IV, VI, IX, and IXA of the Illinois Public Aid Code, with certain exceptions specified in that Code, are transferred to the Department of Human Services on July 1, 1997.

In addition, the Department of Human Services may also exercise the rights, powers, duties, and functions vested in the Department of Public Aid under Articles I, II, VIIIA, XI, XII, and XIII of the Illinois Public Aid Code to the extent that they relate to the Department of Human Services' rights, powers, duties, and functions under Articles III, IV, VI, IX, and IXA of the Illinois Public Aid Code, subject to certain exceptions specified in that Code.

(c) Certain rights, powers, duties, and functions vested in the Department of Public Health are transferred to the Department of Human Services on July 1, 1997, as provided in Article 90 of this Act.

(d) Certain rights, powers, duties, and functions vested in the Department of Children and Family Services are transferred to the Department of Human Services on July 1, 1997, as provided in Article 90 of this Act.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-20)

Sec. 80-20. Transfer of personnel.

(a) Personnel employed by the Department of Alcoholism and Substance Abuse, the Department of Mental Health and Developmental Disabilities, or the Department of Rehabilitation Services on June 30, 1997 are transferred to the Department of Human Services on July 1, 1997.

(b) Except as provided in subsection (c), personnel employed by any other predecessor agency on June 30, 1997 to perform duties pertaining to one or more functions transferred to the Department of Human Services under this Act are transferred to the Department of Human Services on July 1, 1997.

(c) In the case of a person employed by a predecessor agency (other than the predecessor agencies governed by subsection (a) of this Section) to perform both duties pertaining to a function transferred to the Department of Human Services under this Act and duties pertaining to a function retained by the predecessor agency, the Secretary, in consultation with the director of the predecessor agency, shall determine whether to transfer the employee to the Department of Human Services; until this determination has been made, the transfer shall not take effect.

(d) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Act.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-25)

Sec. 80-25. Transfer of property.

(a) Except as provided in subsection (b), all books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department of Human Services under this Act shall be transferred and delivered to the Department of Human Services effective July 1, 1997.

(b) In the case of books, records, or documents that pertain both to a function transferred to the Department of Human Services under this Act and to a function retained by a predecessor agency, the Secretary, in consultation with the director of the predecessor agency, shall determine whether the books, records, or documents shall be transferred, copied, or left with the predecessor agency; until this determination has been made, the transfer shall not take effect.

In the case of property or an unexpended appropriation that pertains both to a function transferred to the Department of Human Services under this Act and to a function retained by a predecessor agency, the Secretary, in consultation with the director of the predecessor agency, shall determine whether the property or unexpended appropriation shall be transferred, divided, or left with the predecessor agency; until this determination has been made (and, in the case of an unexpended appropriation, notice of the determination has been filed with the State Comptroller), the transfer shall not take effect.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-30)

Sec. 80-30. Rules and standards.

(a) The rules and standards of the Department's predecessor agencies that are in effect on June 30, 1997 and pertain to the rights, powers, duties, and functions transferred to the Department under this Act shall become the rules and standards of the Department of Human Services on July 1, 1997 and shall continue in effect until amended or repealed by the Department.

(b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Act that have been proposed by a predecessor agency but have not taken effect or been finally adopted by June 30, 1997 shall become proposed rules of the Department of Human Services on July 1, 1997, and any rulemaking procedures that have already been completed by the predecessor agency for those proposed rules need not be repeated.

(c) As soon as practical after July 1, 1997, the Department of Human Services shall revise and clarify the rules transferred to it under this Act to reflect the reorganization of rights, powers, duties, and functions effected by this Act using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department may propose and adopt under the Illinois Administrative Procedure Act such other rules as may be necessary to consolidate and clarify the rules of the agencies reorganized by this Act.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-35)

Sec. 80-35. Savings provisions.

(a) The rights, powers, duties, and functions transferred to the Department of Human Services by this Act shall be vested in and exercised by the Department subject to the provisions of this Act. An act done by the Department or an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the predecessor agency or an officer, employee, or agent of the predecessor agency.

(b) The transfer of rights, powers, duties, and functions to the Department of Human Services under this Act does not invalidate any previous action taken by or in respect to any of its predecessor agencies or their officers, employees, or agents. References to those predecessor agencies or their officers, employees or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents.

(c) The transfer of rights, powers, duties, and functions to the Department of Human Services under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.

(d) With respect to matters that pertain to a right, power, duty, or function transferred to the Department of Human Services under this Act:

(1) Beginning July 1, 1997, a report or notice that was previously required to be made or given by any person to a predecessor agency or any of its officers, employees, or agents shall be made or given in the same manner to the Department or its appropriate officer, employee, or agent.

(2) Beginning July 1, 1997, a document that was previously required to be furnished or served by any person to or upon a predecessor agency or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Department or its appropriate officer, employee, or agent.

(e) This Act does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before July 1, 1997. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Department of Human Services under this Act and that is pending on that date may be prosecuted, defended, or continued by the Department of Human Services.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/80-40)

Sec. 80-40. (Repealed).

(Source: P.A. 89-507, eff. 7-3-96. Repealed by P.A. 89-506, eff. 7-3-96.)

(20 ILCS 1305/Art. 90 heading) ARTICLE 90. AMENDATORY PROVISIONS (Amendatory provisions; text omitted)

(20 ILCS 1305/80-45)

Sec. 80-45. Funding agent and administration.

(a) The Department shall act as funding agent under the terms of the Illinois Affordable Housing Act and shall administer other appropriations for the use of the Illinois Housing Development Authority.

(b) The Department may enter into contracts, intergovernmental agreements, grants, cooperative agreements, memoranda of understanding, or other instruments with any federal, State, or local government agency as necessary to fulfill its role as funding agent in compliance with State and federal law. The Department and the Department of Revenue shall coordinate, in consultation with the Illinois Housing Development Authority, the transition of the funding agent role, including the transfer of any and all books, records, or documents, in whatever form stored, necessary to the Department's execution of the duties of the funding agent, and the Department may submit to the Governor's Office of Management and Budget requests for exception pursuant to Section 55 of the Grant Accountability and Transparency Act. Notwithstanding Section 5 of the Grant Funds Recovery Act, for State fiscal years 2023 and 2024 only, in order to accomplish the transition of the funding agent role to the Department, grant funds may be made available for expenditure by a grantee for a period of 3 years from the date the funds were distributed by the State.

(Source: P.A. 103-8, eff. 7-1-23.)

(20 ILCS 1305/Art. 99 heading) ARTICLE 99. SEVERABILITY AND EFFECTIVE DATE

(20 ILCS 1305/99-5)

Sec. 99-5. Severability. This Act is severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law, except that Articles 10 and 90 take effect July 1, 1997.

(Source: P.A. 89-507, eff. 7-3-96.)