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Public Act 91-0061
SB1111 Enrolled LRB9105023DHmg
AN ACT concerning agency committee membership.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on the Aging is amended by
changing Section 8.01 as follows:
(20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
Sec. 8.01. Coordinating Committee; members. The
Coordinating Committee of State Agencies Serving Older
Persons shall consist of the Director of the Department on
Aging or his or her designee as Chairman, the State
Superintendent of Education or his or her designee, the
Secretary of Human Services or his or her designee, the
Secretary of Transportation or his or her designee, and the
Directors, or the designee or designees of any or all of the
Directors, of the following Departments or agencies: Labor;
Veterans' Affairs; Public Health; Public Aid; Children and
Family Services; Commerce and Community Affairs; Insurance;
Revenue; Illinois Housing Development Authority; and
Comprehensive State Health Planning.
(Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97;
90-609, eff. 6-30-98.)
Section 10. The Children and Family Services Act is
amended by changing Section 21 as follows:
(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary
to the performance of its duties.
(b) In the course of any such investigation any
qualified person authorized by the Director may administer
oaths and secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers
relevant to such investigation. Any person who is served with
a subpoena by the Department to appear and testify or to
produce books and papers, in the course of an investigation
authorized by law, and who refuses or neglects to appear, or
to testify, or to produce books and papers relevant to such
investigation, as commanded in such subpoena, shall be guilty
of a Class B misdemeanor. The fees of witnesses for
attendance and travel shall be the same as the fees of
witnesses before the circuit courts of this State. Any
circuit court of this State, upon application of the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony
before the Department or before any authorized officer or
employee thereof, by an attachment for contempt or otherwise,
in the same manner as production of evidence may be compelled
before such court. Every person who, having taken an oath or
made affirmation before the Department or any authorized
officer or employee thereof, shall willfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall
be punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right
to a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
(d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date
of this amendatory Act of 1987 shall have completed a
training program which shall be instituted by the Department.
The training program shall include, but not be limited to,
the following: (1) training in the detection of symptoms of
child neglect and drug abuse; (2) specialized training for
dealing with families and children of drug abusers; and (3)
specific training in child development, family dynamics and
interview techniques. Such program shall conform to the
criteria and curriculum developed under Section 4 of the
Child Protective Investigator and Child Welfare Specialist
Certification Act of 1987. Failure to complete such training
due to lack of opportunity provided by the Department shall
in no way be grounds for any disciplinary or other action
against an investigator or a specialist.
The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his
actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the rights of
employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the
provisions of subsections (d) and (e), the former shall
prevail and control.
(e) The Department shall develop and implement the
following:
(1) A standardized child endangerment risk
assessment protocol.
(2) Related training procedures.
(3) A standardized method for demonstration of
proficiency in application of the protocol.
(4) An evaluation of the reliability and validity
of the protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the
Department or its contractors shall be required, subsequent
to the availability of training under this Act, to
demonstrate proficiency in application of the protocol
previous to being permitted to make decisions about the
degree of risk posed to children for whom they are
responsible. The Department shall establish a
multi-disciplinary advisory committee composed of not more
than 15 members appointed by the Director, including but not
limited to representatives from the fields of child
development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health,
substance abuse, and social service to advise the Department
and its related contractors in the development and
implementation of the child endangerment risk assessment
protocol, related training, method for demonstration of
proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol. The Department
shall develop the protocol, training curriculum, method for
demonstration of proficiency in application of the protocol
and method for evaluation of the reliability and validity of
the protocol by July 1, 1995. Training and demonstration of
proficiency in application of the child endangerment risk
assessment protocol for all child protective investigators
and supervisors and child welfare specialists and supervisors
shall be completed as soon as practicable, but no later than
January 1, 1996. The Department shall submit to the General
Assembly on or before May 1, 1996, and every year thereafter,
an annual report on the evaluation of the reliability and
validity of the child endangerment risk assessment protocol.
The Department shall contract with a not for profit
organization with demonstrated expertise in the field of
child endangerment risk assessment to assist in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 15. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 5 as follows:
(105 ILCS 110/5) (from Ch. 122, par. 865)
Sec. 5. Advisory Committee. An advisory committee
consisting of 11 members is hereby established as follows:
the Director of Public Health or his or her designee, the
Secretary of Human Services or his or her designee, and an
additional person representing the Department of Human
Services designated by the Secretary, the Director of
Children and Family Services or his or her designee, the
Chairman of the Illinois Joint Committee on School Health or
his or her designee, and 6 members to be appointed by the
State Board of Education to be chosen, insofar as is
possible, from the following groups: colleges and
universities, voluntary health agencies, medicine, dentistry,
professional health associations, teachers, administrators,
members of local boards of education, and lay citizens. The
original public members shall, upon their appointment, serve
until July 1, 1973, and, thereafter, new appointments of
public members shall be made in like manner and such members
shall serve for 4 year terms commencing on July 1, 1973, and
until their successors are appointed and qualified. Vacancies
in the terms of public members shall be filled in like manner
as original appointments for the balance of the unexpired
terms. The members of the advisory committee shall receive no
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties. Such
committee shall select a chairman and establish rules and
procedures for its proceedings not inconsistent with the
provisions of this Act. Such committee shall advise the State
Board of Education on all matters relating to the
implementation of the provisions of this Act. They shall
assist in presenting advice and interpretation concerning a
comprehensive health education program to the Illinois
public, especially as related to critical health problems.
They shall also assist in establishing a sound understanding
and sympathetic relationship between such comprehensive
health education program and the public health, welfare and
educational programs of other agencies in the community.
(Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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