State of Illinois
92nd General Assembly
Legislation

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92_SB0843eng

 
SB843 Engrossed                               LRB9202583TAtmA

 1        AN ACT concerning child welfare services.

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

 4        Section  5.   The  Children  and  Family  Services Act is
 5    amended by changing Section  5c  and  adding  Section  5d  as
 6    follows:

 7        (20 ILCS 505/5c)
 8        Sec.  5c.  Direct child welfare service employee license.
 9    By January 1, 2000,  the  Department,  in  consultation  with
10    private child welfare agencies, shall develop and implement a
11    direct child welfare service employee license.  By January 1,
12    2001  all  child protective investigators and supervisors and
13    child welfare specialists and  supervisors  employed  by  the
14    Department   or   its   contractors   shall  be  required  to
15    demonstrate sufficient knowledge and  skills  to  obtain  and
16    maintain  the  license.   The  Direct  Child  Welfare Service
17    Employee License Board of  the  Department  Department  shall
18    have the authority to revoke or suspend the license of anyone
19    who  after  a  hearing  is found to be guilty of misfeasance.
20    The Department shall promulgate such rules  as  necessary  to
21    implement this Section.
22        On  or before January 1, 2000, and every year thereafter,
23    the Department shall submit an annual report to  the  General
24    Assembly on the implementation of this Section.
25    (Source: P.A. 90-608, eff. 6-30-98.)

26        (20 ILCS 505/5d new)
27        Sec.  5d.   The  Direct  Child  Welfare  Service Employee
28    License Board.
29        (a)  For purposes of this Section:
30             (1)  "Board" means the Direct Child Welfare  Service
 
SB843 Engrossed             -2-               LRB9202583TAtmA
 1        Employee License Board.
 2             (2)  "Director"  means  the Director of Children and
 3        Family Services.
 4        (b)  The Direct Child Welfare  Service  Employee  License
 5    Board is created within the Department of Children and Family
 6    Services  and  shall  consist  of  9 members appointed by the
 7    Director.   The   Director   shall   annually   designate   a
 8    chairperson   and   vice-chairperson   of   the  Board.   The
 9    membership of the Board must be composed as  follows:  (i)  5
10    licensed  professionals from the field of human services with
11    a human services degree or equivalent course work as required
12    by rule of the Department and who are in good standing within
13    their profession, at least 2 of which must be employed in the
14    private not-for-profit sector and at least one  of  which  in
15    the  public  sector;  (ii) 2 faculty members of an accredited
16    university who have child welfare experience and are in  good
17    standing  within  their profession and (iii) 2 members of the
18    general public who are not  licensed  under  this  Act  or  a
19    similar rule and will represent consumer interests.
20        In  making  the  first  appointments,  the Director shall
21    appoint 3 members to serve for a term of one year, 3  members
22    to  serve for a term of 2 years, and 3 members to serve for a
23    term of 3 years, or until their successors are appointed  and
24    qualified.   Their  successors  shall  be  appointed to serve
25    3-year terms, or until their  successors  are  appointed  and
26    qualified.  Appointments to fill unexpired vacancies shall be
27    made  in the same manner as original appointments.  No member
28    may be reappointed if a reappointment would cause that member
29    to serve on the Board for longer than  6  consecutive  years.
30    Board  membership  must  have  reasonable representation from
31    different geographic areas of Illinois, and all members  must
32    be residents of this State.
33        The  Director may terminate the appointment of any member
34    for good cause, including but not limited to (i)  unjustified
 
SB843 Engrossed             -3-               LRB9202583TAtmA
 1    absences  from  Board meetings or other failure to meet Board
 2    responsibilities, (ii) failure to recuse himself  or  herself
 3    when required by subsection (c) of this Section or Department
 4    rule,  or (iii) failure to maintain the professional position
 5    required by Department rule.  No member of the Board may have
 6    a pending or indicated report of child abuse or neglect or  a
 7    pending  complaint  or  criminal  conviction  of  any  of the
 8    offenses set forth in paragraph (b) of  Section  4.2  of  the
 9    Child Care Act of 1969.
10        The  members  of  the Board shall receive no compensation
11    for the performance of their  duties  as  members,  but  each
12    member  shall  be  reimbursed  for  his or her reasonable and
13    necessary expenses incurred in attending the meetings of  the
14    Board.
15        (c)  The Board shall make recommendations to the Director
16    regarding   licensure   rules.   Board  members  must  recuse
17    themselves from sitting on any matter involving  an  employee
18    of  a  child  welfare  agency at which the Board member is an
19    employee or contractual employee.  The  Board  shall  make  a
20    final  determination  concerning  revocation,  suspension, or
21    reinstatement of an employee's direct child  welfare  service
22    license  after  a  hearing  conducted  under the Department's
23    rules. Upon notification of the manner of the vote to all the
24    members, votes on  a  final  determination  may  be  cast  in
25    person,  by telephonic or electronic means, or by mail at the
26    discretion of the  chairperson.  A  simple  majority  of  the
27    members  appointed and serving is required when Board members
28    vote by  mail  or  by  telephonic  or  electronic  means.   A
29    majority of the currently appointed and serving Board members
30    constitutes  a  quorum.   A  majority of a quorum is required
31    when a recommendation is voted on during a Board meeting.   A
32    vacancy  in  the membership of the Board shall not impair the
33    right of a quorum to perform all the  duties  of  the  Board.
34    Board  members  are not personally liable in any action based
 
SB843 Engrossed             -4-               LRB9202583TAtmA
 1    upon a disciplinary proceeding or otherwise  for  any  action
 2    taken in good faith as a member of the Board.
 3        (d)  The  Director  may  assign  Department  employees to
 4    provide staffing services to the Board.  The Department  must
 5    promulgate  any  rules  necessary to implement and administer
 6    the requirements of this Section.

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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