Rep. Sara Feigenholtz

Filed: 5/16/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 646

2    AMENDMENT NO. ______. Amend Senate Bill 646 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Child Care Act of 1969 is amended by
5changing Section 12 as follows:
 
6    (225 ILCS 10/12)  (from Ch. 23, par. 2222)
7    Sec. 12. Advertisements.
8    (a) In this Section, "advertise" means communication by any
9public medium originating or distributed in this State,
10including, but not limited to, newspapers, periodicals,
11telephone book listings, outdoor advertising signs, radio, or
12television.
13    (b) A child care facility or child welfare agency licensed
14or operating under a permit issued by the Department may
15publish advertisements for the services that the facility is
16specifically licensed or issued a permit under this Act to

 

 

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1provide. A person, group of persons, agency, association,
2organization, corporation, institution, center, or group who
3advertises or causes to be published any advertisement
4offering, soliciting, or promising to perform adoption
5services as defined in Section 2.24 of this Act is guilty of a
6Class A misdemeanor and shall be subject to a fine not to
7exceed $10,000 or 9 months imprisonment for each advertisement,
8unless that person, group of persons, agency, association,
9organization, corporation, institution, center, or group is
10(i) licensed or operating under a permit issued by the
11Department as a child care facility or child welfare agency,
12(ii) a biological parent or a prospective adoptive parent
13acting on his or her own behalf, or (iii) a licensed attorney
14advertising his or her availability to provide legal services
15relating to adoption, as permitted by law.
16    (c) Every advertisement published after the effective date
17of this amendatory Act of the 94th General Assembly shall
18include the Department-issued license number of the facility or
19agency.
20    (d) Any licensed child welfare agency providing adoption
21services that, after the effective date of this amendatory Act
22of the 94th General Assembly, causes to be published an
23advertisement containing reckless or intentional
24misrepresentations concerning adoption services or
25circumstances material to the placement of a child for adoption
26is guilty of a Class A misdemeanor and is subject to a fine not

 

 

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1to exceed $10,000 or 9 months imprisonment for each
2advertisement.
3    (e) An out-of-state agency that is not licensed in Illinois
4and that has a written interagency agreement with one or more
5Illinois licensed child welfare agencies may advertise under
6this Section, provided that (i) the out-of-state agency must be
7officially recognized by the United States Internal Revenue
8Service as a tax-exempt organization under 501(c)(3) of the
9Internal Revenue Code of 1986 (or any successor provision of
10federal tax law), (ii) the out-of-state agency provides only
11international adoption services and is covered by the
12Intercountry Adoption Act of 2000, (iii) the out-of-state
13agency displays, in the advertisement, the license number of at
14least one of the Illinois licensed child welfare agencies with
15which it has a written agreement, and (iv) the advertisements
16pertain only to international adoption services. Subsection
17(d) of this Section shall apply to any out-of-state agencies
18described in this subsection (e).
19    (f) An advertiser, publisher, or broadcaster, including,
20but not limited to, newspapers, periodicals, telephone book
21publishers, outdoor advertising signs, radio stations, or
22television stations, who knowingly or recklessly advertises or
23publishes any advertisement offering, soliciting, or promising
24to perform adoption services, as defined in Section 2.24 of
25this Act, on behalf of a person, group of persons, agency,
26association, organization, corporation, institution, center,

 

 

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1or group, not authorized to advertise under subsection (b) or
2subsection (e) of this Section, is guilty of a Class A
3misdemeanor and is subject to a fine not to exceed $10,000 or 9
4months imprisonment for each advertisement.
5    (g) The Department shall maintain a website listing child
6welfare agencies licensed by the Department that provide
7adoption services and other general information for biological
8parents and adoptive parents. The website shall include, but
9not be limited to, agency addresses, phone numbers, e-mail
10addresses, website addresses, annual reports as referenced in
11Section 7.6 of this Act, agency license numbers, the Birth
12Parent Bill of Rights, the Adoptive Parents Bill of Rights, and
13the Department's complaint registry established under Section
149.1a of this Act. The Department shall adopt any rules
15necessary to implement this Section.
16    (h) Nothing in this Act shall prohibit a day care agency,
17day care center, day care home, or group day care home that
18does not provide or perform adoption services, as defined in
19Section 2.24 of this Act, from advertising or marketing the day
20care agency, day care center, day care home, or group day care
21home.
22(Source: P.A. 94-586, eff. 8-15-05.)
 
23    Section 10. The Abused and Neglected Child Reporting Act is
24amended by adding Section 7.4a as follows:
 

 

 

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1    (325 ILCS 5/7.4a new)
2    Sec. 7.4a. Domestic violence co-location program.
3    (a) As used in this Section:
4    "Domestic violence co-location program" means a program,
5administered in partnership with a co-location program
6management entity, where domestic violence advocates who are
7trained in domestic violence services and employed through a
8domestic violence provider are assigned to work in a field
9office of the Department of Children and Family Services
10alongside and in collaboration with child welfare
11investigators and caseworkers working with families where
12there are indicators of domestic violence.
13    "Domestic violence" has the meaning ascribed to it in the
14Illinois Domestic Violence Act of 1986.
15    "Co-location program management entity" means the
16organization that partners with the Department to administer
17the domestic violence co-location program.
18    (b) Subject to appropriations or the availability of other
19funds for this purpose, the Department may implement a 5-year
20pilot program of a domestic violence co-location program. The
21domestic violence co-location program shall be designed to
22improve child welfare interventions provided to families
23experiencing domestic violence in part by enhancing the safety
24and stability of children, reducing the number of children
25removed from their parents, and improving outcomes for children
26within their families through a strength-based and

 

 

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1trauma-informed collaborative support program. The pilot
2program shall occur in no fewer than 3 Department offices.
3Additional sites may be added during the pilot program, and the
4pilot program may be expanded and converted into a permanent
5statewide program.
6    (c) The Department shall adopt rules and procedures and
7shall develop and facilitate training for the effective
8implementation of the domestic violence co-location program.
9The Department shall adopt rules on the qualification
10requirements for domestic violence advocates participating in
11the pilot program.
12    (d) The Department shall track, collect, report on, and
13share data about domestic violence-affected families,
14including, but not limited to, data related to hotline calls,
15investigations, protective custody, cases referred to the
16juvenile court, and outcomes of the domestic violence
17co-location program.
18    (e) The Department may arrange for an independent,
19evidence-based evaluation of the domestic violence co-location
20program authorized and implemented under this Section to
21determine whether it is meeting its goals. The independent
22evidence-based evaluation may include, but is not limited to,
23data regarding: (i) the number of children removed from their
24parents; (ii) the number of children who remain with the
25non-offending parent; (iii) the number of indicated and
26unfounded investigative findings and corresponding allegations

 

 

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1of maltreatment for the non-offending parent and domestic
2violence perpetrator; (iv) the number of referrals to the
3co-located domestic violence advocates; (v) the number of
4referrals for services; and (vi) the number of months that
5children remained in foster care whose cases involved the
6co-located domestic violence advocate.
7    (f) Following the expiration of the 5-year pilot program or
8prior to the expiration of the pilot program, if there is
9evidence that the pilot program is effective, the domestic
10violence co-location program may expand into each county,
11investigative office of the Department of Children and Family
12Services, or purchase of service or other contracted private
13agency delivering intact family or foster care services in
14Illinois.
15    (g) Nothing in this Section shall be construed to breach
16the confidentiality protections provided under State law to
17domestic violence professionals, including co-located domestic
18violence advocates, in the provision of services to domestic
19violence victims as employees of domestic violence agencies or
20to any individual who receives services from domestic violence
21agencies.".