101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4817

 

Introduced 2/18/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Department of Children and Family Services Independent Ombudsman Act. Provides that the Department of Children and Family Services Ombudsman Bureau is established as a separate bureau within the Department of Children and Family Services. Requires the Governor to appoint a Director of the Bureau within 30 days after the effective date of the Act. Permits the Director to employ technical experts and other employees to carry out the purposes of the Act. Prohibits the Director from hiring a person to serve as an Ombudsman who has been employed by the Department during the preceding year. Sets forth the powers of the Ombudsman, including receiving, investigating, and attempting to resolve complaints that the Department: (i) violated a specific law, rule, or Department written policy; or (ii) endangered the health or safety of any person. Requires the Ombudsman to notify the complainant of final findings and of the Ombudsman's decision and reasons for not investigating the complaint. Contains provisions concerning monthly summary reports of substantiated complaints; the Ombudsman's access to records and facilities administered by the Department; the Ombudsman's duties; the Department's rulemaking authority; and reporting requirements.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Department of Children and Family Services Independent
6Ombudsman Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Bureau" means the Department of Children and Family
9Services Ombudsman Bureau including persons approved to act in
10the capacity of Ombudsman by the Bureau.
11    "Department" means the Department of Children and Family
12Services.
13    "Ombudsman" means an employee of the Bureau who
14investigates and resolves complaints that the Department
15endangered the health and safety of any person or that the
16Department violated specific laws, rules, or written policies.
 
17    Section 10. Department of Children and Family Services
18Ombudsman Bureau. The Department of Children and Family
19Services Ombudsman Bureau is established as a separate bureau
20within the Department.
 
21    Section 15. Director of the Bureau; employees.

 

 

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1    (a) The Governor shall appoint a Director of the Bureau
2within 30 days after the effective date of this Act, subject to
3the approval of at least 3 of the 4 legislative leaders. The
4Governor shall appoint a successor Director within 30 days
5after a vacancy occurs in the position of the Director, subject
6to the approval of at least 3 of the 4 legislative leaders.
7    (b) The Director of the Bureau may employ technical experts
8and other employees to carry out the purposes of this Act. The
9Director of the Bureau may not hire a person to serve as an
10Ombudsman who was employed by the Department during the
11preceding year.
12    (c) The Department shall provide and maintain office space
13for the Bureau.
 
14    Section 20. Powers of Ombudsman.
15    (a) The Ombudsman may receive, investigate, and attempt to
16resolve complaints that the Department:
17        (1) violated a specific law, rule, or Department
18    written policy; or
19        (2) endangered the health or safety of any person.
20    The Ombudsman shall not investigate a complaint from an
21employee of the Department that relates to the employee's
22employment relationship with the Department.
23    (b) At the conclusion of an investigation of a complaint,
24the Ombudsman shall report his or her findings to the
25complainant.

 

 

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1    (c) If the Ombudsman does not investigate a complaint, the
2Ombudsman shall notify the complainant of the decision not to
3investigate and the reasons for the decision.
4    (d) The Ombudsman shall create a monthly report that
5includes a summary of the findings of all substantiated
6complaints.
7    (e) The Ombudsman may conduct investigations of alleged
8violations of Department policy, State or federal laws, and
9Department rules at any Department facility.
10    (f) The Ombudsman may recommend changes to the Director of
11the Department concerning Department policies or practices
12based upon information learned or observations made by the
13Ombudsman during the course of an investigation.
14    (g) If the Ombudsman discovers evidence that the Ombudsman
15reasonably believes constitutes the commission of a crime and
16if the Ombudsman considers it appropriate, the Ombudsman shall
17immediately inform the Director of the Department, who shall
18conduct an investigation. If, after conducting the
19investigation, the Director of the Department has reasonable
20suspicion to believe that a crime has been committed, the
21Director of the Department shall immediately report the crime
22to an appropriate law enforcement agency
 
23    Section 25. Access to records and facilities.
24    (a) An Ombudsman shall be given:
25        (1) appropriate access to the records of an offender

 

 

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1    who files a complaint under this Act; and
2        (2) immediate access to any facility administered or
3    supervised by the Department.
4    (b) A State or local government agency or entity that has
5records that are relevant to a complaint or an investigation
6conducted by the Ombudsman shall provide the Ombudsman with
7access to the records.
8    (c) A person is immune from:
9        (1) civil or criminal liability; and
10        (2) actions taken under a professional disciplinary
11    procedure dealing with an employee of the Department.
 
12    Section 30. Duties of Ombudsman.
13    (a) The Ombudsman shall:
14        (1) establish procedures to receive and investigate
15    complaints;
16        (2) establish access controls for all information
17    maintained by the Bureau; and
18        (3) except as is necessary to investigate and resolve a
19    complaint, ensure that the identity of a complainant will
20    not be disclosed without:
21            (A) the complainant's written consent; or
22            (B) a court order.
23    (b) The correspondence and communication between the
24Ombudsman and any person is a privileged communication.
 

 

 

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1    Section 35. Rulemaking, liability.
2    (a) The Bureau may adopt rules to carry out its duties
3under this Act.
4    (b) The Ombudsman is not civilly liable for the good faith
5performance of official duties.
 
6    Section 40. Reporting. The Director of the Bureau shall
7prepare a report each year on the operations of the Bureau. A
8copy of the report shall be provided to the Governor, the
9General Assembly, and the Director of the Department.