Public Act 90-0512 of the 90th General Assembly
Public Act 90-0512
SB240 Enrolled LRB9001118LDdvA
AN ACT in relation to State services, amending named
Acts.
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 changing Section 35.5 as follows:
(20 ILCS 505/35.5)
Sec. 35.5. Inspector General.
(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. 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. Any investigation 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 be
independent of the operations of the Department and shall
report to the Director of Children and Family Services and
the Governor and perform other 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 imposing
sanctions.
(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 Department.
(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. 88-7.)
Section 7. The Department of Mental Health and
Developmental Disabilities Act (short title changed to Mental
Health and Developmental Disabilities Administrative Act
effective July 1, 1997) is amended by adding Section 69 as
follows:
(20 ILCS 1705/69 new)
Sec. 69. Joint planning by the Department of Human
Services and the Department of Children and Family Services.
The purpose of this Section is to mandate that joint planning
occur between the Department of Children and Family Services
and the Department of Human Services to ensure that the 2
agencies coordinate their activities and effectively work
together to provide wards with developmental disabilities for
whom the Department of Children and Family Services is
legally responsible a smooth transition to adult living upon
reaching the age of 21. The Department of Children and Family
Services and the Department of Human Services shall execute
an interagency agreement by January 1, 1998 that outlines the
terms of the coordination process. The Departments shall
consult with private providers of services to children in
formulating the interagency agreement.
Section 10. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Section 6.2 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2000)
(Text of Section before amendment by P.A. 89-507)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Mental Health and Developmental Disabilities
and report to the Director and the Governor. The Inspector
General shall investigate reports of suspected abuse or
neglect (as those terms are defined in Section 3 of this Act)
of patients or residents in any facility operated by the
Department of Mental Health and Developmental Disabilities
and shall have authority to investigate and take immediate
action on reports of abuse or neglect of recipients, whether
patients or residents, in any facility or program that is
licensed or certified by the Department of Mental Health and
Developmental Disabilities or that is funded by the
Department of Mental Health and Developmental Disabilities
and is not licensed or certified by any agency of the State.
At the specific, written request of an agency of the State
other than the Department of Mental Health and Developmental
Disabilities, the Inspector General may cooperate in
investigating reports of abuse and neglect of persons with
mental illness or persons with developmental disabilities.
The Inspector General shall have no supervision over or
involvement in routine, programmatic, licensure, or
certification operations of the Department of Mental Health
and Developmental Disabilities or any of its funded agencies.
The Inspector General shall promulgate rules establishing
minimum requirements for initiating, conducting, and
completing investigations. The promulgated rules shall
clearly set forth that in instances where 2 or more State
agencies could investigate an allegation of abuse or neglect,
the Inspector General shall not conduct an investigation that
is redundant to an investigation conducted by another State
agency. The rules shall establish criteria for determining,
based upon the nature of the allegation, the appropriate
method of investigation, which may include, but need not be
limited to, site visits, telephone contacts, or requests for
written responses from agencies. The rules shall also
clarify how the Office of the Inspector General shall
interact with the licensing unit of the Department of Mental
Health and Developmental Disabilities in investigations of
allegations of abuse or neglect. Any allegations or
investigations of reports made pursuant to this Act shall
remain confidential until a final report is completed. Final
reports regarding unsubstantiated or unfounded allegations
shall remain confidential, except that final reports may be
disclosed pursuant to Section 6 of this Act.
The Inspector General shall be appointed for a term of 4
years.
(b) The Inspector General shall within 24 hours after
receiving a report of suspected abuse or neglect determine
whether the evidence indicates that any possible criminal act
has been committed. If he determines that a possible criminal
act has been committed, or that special expertise is required
in the investigation, he shall immediately notify the
Department of State Police. The Department of State Police
shall investigate any report indicating a possible murder,
rape, or other felony. 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.
(c) The Inspector General shall, within 10 calendar days
after the transmittal date of a completed investigation where
abuse or neglect is substantiated or administrative action is
recommended, provide a complete report on the case to the
Director of Mental Health and Developmental Disabilities and
to the agency in which the abuse or neglect is alleged to
have happened. There shall be an appeals process for any
person or agency that is subject to any action based on a
recommendation or recommendations.
(d) The Inspector General may recommend to the
Departments of Public Health and Mental Health and
Developmental Disabilities sanctions to be imposed against
facilities under the jurisdiction of the Department of Mental
Health and Developmental Disabilities for the protection of
residents, including appointment of on-site monitors or
receivers, transfer or relocation of residents, and closure
of units. The Inspector General may seek the assistance of
the Attorney General or any of the several State's attorneys
in imposing such sanctions.
(e) The Inspector General shall establish and conduct
periodic training programs for Department employees
concerning the prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted
access to any facility operated by the Department, shall
establish and conduct unannounced site visits to those
facilities at least once annually, and shall be granted
access, for the purpose of investigating a report of abuse or
neglect, to any facility or program funded by the Department
that is subject under the provisions of this Section to
investigation by the Inspector General for a report of abuse
or neglect.
(g) Nothing in this Section shall limit investigations
by the Department of Mental Health and Developmental
Disabilities that may otherwise be required by law or that
may be necessary in that Department's capacity as the central
administrative authority responsible for the operation of
State mental health and developmental disability facilities.
(h) This Section is repealed on January 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95.)
(Text of Section after amendment by P.A. 89-507)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Human Services and report to the Secretary of
Human Services and the Governor. The Inspector General shall
investigate reports of suspected abuse or neglect (as those
terms are defined in Section 3 of this Act) of patients or
residents in any mental health or developmental disabilities
facility operated by the Department of Human Services and
shall have authority to investigate and take immediate action
on reports of abuse or neglect of recipients, whether
patients or residents, in any mental health or developmental
disabilities facility or program that is licensed or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) or that is funded by the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) and is not licensed or certified
by any agency of the State. At the specific, written request
of an agency of the State other than the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), the Inspector General may
cooperate in investigating reports of abuse and neglect of
persons with mental illness or persons with developmental
disabilities. The Inspector General shall have no
supervision over or involvement in routine, programmatic,
licensure, or certification operations of the Department of
Human Services or any of its funded agencies.
The Inspector General shall promulgate rules establishing
minimum requirements for initiating, conducting, and
completing investigations. The promulgated rules shall
clearly set forth that in instances where 2 or more State
agencies could investigate an allegation of abuse or neglect,
the Inspector General shall not conduct an investigation that
is redundant to an investigation conducted by another State
agency. The rules shall establish criteria for determining,
based upon the nature of the allegation, the appropriate
method of investigation, which may include, but need not be
limited to, site visits, telephone contacts, or requests for
written responses from agencies. The rules shall also
clarify how the Office of the Inspector General shall
interact with the licensing unit of the Department of Human
Services in investigations of allegations of abuse or
neglect. Any allegations or investigations of reports made
pursuant to this Act shall remain confidential until a final
report is completed. Final reports regarding unsubstantiated
or unfounded allegations shall remain confidential, except
that final reports may be disclosed pursuant to Section 6 of
this Act.
The Inspector General shall be appointed for a term of 4
years.
(b) The Inspector General shall within 24 hours after
receiving a report of suspected abuse or neglect determine
whether the evidence indicates that any possible criminal act
has been committed. If he determines that a possible criminal
act has been committed, or that special expertise is required
in the investigation, he shall immediately notify the
Department of State Police. The Department of State Police
shall investigate any report indicating a possible murder,
rape, or other felony. 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.
(c) The Inspector General shall, within 10 calendar days
after the transmittal date of a completed investigation where
abuse or neglect is substantiated or administrative action is
recommended, provide a complete report on the case to the
Secretary of Human Services and to the agency in which the
abuse or neglect is alleged to have happened. There shall be
an appeals process for any person or agency that is subject
to any action based on a recommendation or recommendations.
(d) The Inspector General may recommend to the
Departments of Public Health and Human Services sanctions to
be imposed against mental health and developmental
disabilities facilities under the jurisdiction of the
Department of Human Services for the protection of residents,
including appointment of on-site monitors or receivers,
transfer or relocation of residents, and closure of units.
The Inspector General may seek the assistance of the Attorney
General or any of the several State's attorneys in imposing
such sanctions.
(e) The Inspector General shall establish and conduct
periodic training programs for Department employees
concerning the prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted
access to any mental health or developmental disabilities
facility operated by the Department, shall establish and
conduct unannounced site visits to those facilities at least
once annually, and shall be granted access, for the purpose
of investigating a report of abuse or neglect, to any
facility or program funded by the Department that is subject
under the provisions of this Section to investigation by the
Inspector General for a report of abuse or neglect.
(g) Nothing in this Section shall limit investigations
by the Department of Human Services that may otherwise be
required by law or that may be necessary in that Department's
capacity as the central administrative authority responsible
for the operation of State mental health and developmental
disability facilities.
(h) This Section is repealed on January 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
Section 13. The Juvenile Court Act of 1987 is amended by
changing Section 2-27 as follows:
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that it is in the best interest of the minor to take
the minor him from the custody of his or her parents,
guardian or custodian, the court may at this hearing and at
any later point:
(a) place the minor him in the custody of a
suitable relative or other person as legal custodian or
guardian;
(a-5) with the approval of the Department of
Children and Family Services, place the minor in the
subsidized guardianship of a suitable relative or other
person as legal guardian; "subsidized guardianship" means
a private guardianship arrangement for children for whom
the permanency goals of return home and adoption have
been ruled out and who meet the qualifications for
subsidized guardianship as defined by the Department of
Children and Family Services in administrative rules;
(b) place the minor him under the guardianship of a
probation officer;
(c) commit the minor him to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) commit the minor him to the Department of
Children and Family Services for care and service;
however, a minor charged with a criminal offense under
the Criminal Code of 1961 or adjudicated delinquent shall
not be placed in the custody of or committed to the
Department of Children and Family Services by any court,
except a minor less than 13 years of age and committed to
the Department of Children and Family Services under
Section 5-23 of this Act. The Department shall be given
due notice of the pendency of the action and the
Guardianship Administrator of the Department of Children
and Family Services shall be appointed guardian of the
person of the minor. Whenever the Department seeks to
discharge a minor from its care and service, the
Guardianship Administrator shall petition the court for
an order terminating guardianship. The Guardianship
Administrator may designate one or more other officers of
the Department, appointed as Department officers by
administrative order of the Department Director,
authorized to affix the signature of the Guardianship
Administrator to documents affecting the guardian-ward
relationship of children for whom he or she has been
appointed guardian at such times as he or she is unable
to perform the duties of his or her office. The signature
authorization shall include but not be limited to matters
of consent of marriage, enlistment in the armed forces,
legal proceedings, adoption, major medical and surgical
treatment and application for driver's license. Signature
authorizations made pursuant to the provisions of this
paragraph shall be filed with the Secretary of State and
the Secretary of State shall provide upon payment of the
customary fee, certified copies of the authorization to
any court or individual who requests a copy.
In making a determination under this Section, the court
shall also consider whether, based on the best interests of
the minor, appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying
the conditions that have led to a finding of unfitness or
inability to care for, protect, train, or discipline the
minor, or whether, based on the best interests of the minor,
no family preservation or family reunification services would
be appropriate.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him or her the legal custodian or
guardian of the person of the minor. When a minor is
committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon him or her in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor him in any child care facility, but
the facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and
Family Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions
shall be conferred by the court upon any probation officer
who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
Section 15. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 9 as follows:
(740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
Sec. 9. Therapist's disclosure without consent. In the
course of providing services and after the conclusion of the
provision of services, a therapist may disclose a record or
communications without consent to:
(1) the therapist's supervisor, a consulting
therapist, members of a staff team participating in the
provision of services, a record custodian, or a person
acting under the supervision and control of the
therapist;
(2) persons conducting a peer review of the
services being provided;
(3) the Institute for Juvenile Research and the
Institute for the Study of Developmental Disabilities;
and
(4) an attorney or advocate consulted by a
therapist or agency which provides services concerning
the therapist's or agency's legal rights or duties in
relation to the recipient and the services being
provided; and
(5) the Inspector General of the Department of
Children and Family Services when such records or
communications are relevant to a pending investigation
authorized by Section 35.5 of the Children and Family
Services Act where:
(A) the recipient was either (i) a parent,
foster parent, or caretaker who is an alleged
perpetrator of abuse or neglect or the subject of a
dependency investigation or (ii) a non-ward victim
of alleged abuse or neglect, and
(B) available information demonstrates that
the mental health of the recipient was or should
have been an issue to the safety of the child.
In the course of providing services, a therapist may
disclose a record or communications without consent to any
department, agency, institution or facility which has custody
of the recipient pursuant to State statute or any court order
of commitment.
Information may be disclosed under this Section only to
the extent that knowledge of the record or communications is
essential to the purpose for which disclosure is made and
only after the recipient is informed that such disclosure may
be made. A person to whom disclosure is made under this
Section shall not redisclose any information except as
provided in this Act.
Notwithstanding any other provision of this Section, a
therapist has the right to communicate at any time and in any
fashion with his or her counsel or professional liability
insurance carrier, or both, concerning any care or treatment
he or she provided, or assisted in providing, to any
recipient. A therapist has the right to communicate at any
time and in any fashion with his or her present or former
employer, principal, partner, professional corporation, or
professional liability insurance carrier, or counsel for any
of those entities, concerning any care or treatment he or she
provided, or assisted in providing, to the recipient within
the scope of his or her employment, affiliation, or other
agency with the employer, principal, partner, or professional
corporation.
This amendatory Act of 1995 applies to causes of action
filed on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.