101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3130

 

Introduced 2/6/2020, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/35.5

    Amends the Children and Family Services Act. Makes a technical change in a Section concerning the Inspector General.


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A BILL FOR

 

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1    AN ACT concerning Department of Children and Family
2Services Inspector General.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Children and Family Services Act is amended
6by changing Section 35.5 as follows:
 
7    (20 ILCS 505/35.5)
8    Sec. 35.5. Inspector General.
9    (a) The The Governor shall appoint, and the Senate shall
10confirm, an Inspector General who shall have the authority to
11conduct investigations into allegations of or incidents of
12possible misconduct, misfeasance, malfeasance, or violations
13of rules, procedures, or laws by any employee, foster parent,
14service provider, or contractor of the Department of Children
15and Family Services, except for allegations of violations of
16the State Officials and Employees Ethics Act which shall be
17referred to the Office of the Governor's Executive Inspector
18General for investigation. The Inspector General shall make
19recommendations to the Director of Children and Family Services
20concerning sanctions or disciplinary actions against
21Department employees or providers of service under contract to
22the Department. The Director of Children and Family Services
23shall provide the Inspector General with an implementation

 

 

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1report on the status of any corrective actions taken on
2recommendations under review and shall continue sending
3updated reports until the corrective action is completed. The
4Director shall provide a written response to the Inspector
5General indicating the status of any sanctions or disciplinary
6actions against employees or providers of service involving any
7investigation subject to review. In any case, information
8included in the reports to the Inspector General and Department
9responses shall be subject to the public disclosure
10requirements of the Abused and Neglected Child Reporting Act.
11Any investigation conducted by the Inspector General shall be
12independent and separate from the investigation mandated by the
13Abused and Neglected Child Reporting Act. The Inspector General
14shall be appointed for a term of 4 years. The Inspector General
15shall function independently within the Department of Children
16and Family Services with respect to the operations of the
17Office of Inspector General, including the performance of
18investigations and issuance of findings and recommendations,
19and shall report to the Director of Children and Family
20Services and the Governor and perform other duties the Director
21may designate. The Inspector General shall adopt rules as
22necessary to carry out the functions, purposes, and duties of
23the office of Inspector General in the Department of Children
24and Family Services, in accordance with the Illinois
25Administrative Procedure Act and any other applicable law.
26    (b) The Inspector General shall have access to all

 

 

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1information and personnel necessary to perform the duties of
2the office. To minimize duplication of efforts, and to assure
3consistency and conformance with the requirements and
4procedures established in the B.H. v. Suter consent decree and
5to share resources when appropriate, the Inspector General
6shall coordinate his or her activities with the Bureau of
7Quality Assurance within the Department.
8    (c) The Inspector General shall be the primary liaison
9between the Department and the Department of State Police with
10regard to investigations conducted under the Inspector
11General's auspices. If the Inspector General determines that a
12possible criminal act has been committed, or that special
13expertise is required in the investigation, he or she shall
14immediately notify the Department of State Police. All
15investigations conducted by the Inspector General shall be
16conducted in a manner designed to ensure the preservation of
17evidence for possible use in a criminal prosecution.
18    (d) The Inspector General may recommend to the Department
19of Children and Family Services, the Department of Public
20Health, or any other appropriate agency, sanctions to be
21imposed against service providers under the jurisdiction of or
22under contract with the Department for the protection of
23children in the custody or under the guardianship of the
24Department who received services from those providers. The
25Inspector General may seek the assistance of the Attorney
26General or any of the several State's Attorneys in imposing

 

 

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1sanctions.
2    (e) The Inspector General shall at all times be granted
3access to any foster home, facility, or program operated for or
4licensed or funded by the Department.
5    (f) Nothing in this Section shall limit investigations by
6the Department of Children and Family Services that may
7otherwise be required by law or that may be necessary in that
8Department's capacity as the central administrative authority
9for child welfare.
10    (g) The Inspector General shall have the power to subpoena
11witnesses and compel the production of books and papers
12pertinent to an investigation authorized by this Act. The power
13to subpoena or to compel the production of books and papers,
14however, shall not extend to the person or documents of a labor
15organization or its representatives insofar as the person or
16documents of a labor organization relate to the function of
17representing an employee subject to investigation under this
18Act. Any person who fails to appear in response to a subpoena
19or to answer any question or produce any books or papers
20pertinent to an investigation under this Act, except as
21otherwise provided in this Section, or who knowingly gives
22false testimony in relation to an investigation under this Act
23is guilty of a Class A misdemeanor.
24    (h) The Inspector General shall provide to the General
25Assembly and the Governor, no later than January 1 of each
26year, a summary of reports and investigations made under this

 

 

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1Section for the prior fiscal year. The summaries shall detail
2the imposition of sanctions and the final disposition of those
3recommendations. The summaries shall not contain any
4confidential or identifying information concerning the
5subjects of the reports and investigations. The summaries also
6shall include detailed recommended administrative actions and
7matters for consideration by the General Assembly.
8(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)