HB4817 101ST GENERAL ASSEMBLY

LRB101 17774 KTG 67202 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Department of Children and Family Services Independent Ombudsman Act.

Section 5. Definitions. As used in this Act:

"Bureau" means the Department of Children and Family Services Ombudsman Bureau including persons approved to act in the capacity of Ombudsman by the Bureau.

"Department" means the Department of Children and Family Services.

"Ombudsman" means an employee of the Bureau who investigates and resolves complaints that the Department endangered the health and safety of any person or that the Department violated specific laws, rules, or written policies.

Section 10. Department of Children and Family Services Ombudsman Bureau. The Department of Children and Family Services Ombudsman Bureau is established as a separate bureau within the Department.

Section 15. Director of the Bureau; employees.

(a) The Governor shall appoint a Director of the Bureau within 30 days after the effective date of this Act, subject to the approval of at least 3 of the 4 legislative leaders. The Governor shall appoint a successor Director within 30 days after a vacancy occurs in the position of the Director, subject to the approval of at least 3 of the 4 legislative leaders.

(b) The Director of the Bureau may employ technical experts and other employees to carry out the purposes of this Act. The Director of the Bureau may not hire a person to serve as an Ombudsman who was employed by the Department during the preceding year.

(c) The Department shall provide and maintain office space for the Bureau.

Section 20. Powers of Ombudsman.

(a) The Ombudsman may receive, investigate, and attempt to resolve complaints that the Department:

(1) violated a specific law, rule, or Department written policy; or

(2) endangered the health or safety of any person.

The Ombudsman shall not investigate a complaint from an employee of the Department that relates to the employee's employment relationship with the Department.

(b) At the conclusion of an investigation of a complaint, the Ombudsman shall report his or her findings to the complainant.

(c) If the Ombudsman does not investigate a complaint, the Ombudsman shall notify the complainant of the decision not to investigate and the reasons for the decision.

(d) The Ombudsman shall create a monthly report that includes a summary of the findings of all substantiated complaints.

(e) The Ombudsman may conduct investigations of alleged violations of Department policy, State or federal laws, and Department rules at any Department facility.

(f) The Ombudsman may recommend changes to the Director of the Department concerning Department policies or practices based upon information learned or observations made by the Ombudsman during the course of an investigation.

(g) If the Ombudsman discovers evidence that the Ombudsman reasonably believes constitutes the commission of a crime and if the Ombudsman considers it appropriate, the Ombudsman shall immediately inform the Director of the Department, who shall conduct an investigation. If, after conducting the investigation, the Director of the Department has reasonable suspicion to believe that a crime has been committed, the Director of the Department shall immediately report the crime to an appropriate law enforcement agency

Section 25. Access to records and facilities.

(a) An Ombudsman shall be given:

(1) appropriate access to the records of an offender who files a complaint under this Act; and

(2) immediate access to any facility administered or supervised by the Department.

(b) A State or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by the Ombudsman shall provide the Ombudsman with access to the records.

(c) A person is immune from:

(1) civil or criminal liability; and

(2) actions taken under a professional disciplinary procedure dealing with an employee of the Department.

Section 30. Duties of Ombudsman.

(a) The Ombudsman shall:

(1) establish procedures to receive and investigate complaints;

(2) establish access controls for all information maintained by the Bureau; and

(3) except as is necessary to investigate and resolve a complaint, ensure that the identity of a complainant will not be disclosed without:

(A) the complainant's written consent; or

(B) a court order.

(b) The correspondence and communication between the Ombudsman and any person is a privileged communication.

Section 35. Rulemaking, liability.

(a) The Bureau may adopt rules to carry out its duties under this Act.

(b) The Ombudsman is not civilly liable for the good faith performance of official duties.

Section 40. Reporting. The Director of the Bureau shall prepare a report each year on the operations of the Bureau. A copy of the report shall be provided to the Governor, the General Assembly, and the Director of the Department.