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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1111eng SB1111 Engrossed LRB9105023DHmg 1 AN ACT concerning agency committee membership. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Act on the Aging is amended by 5 changing Section 8.01 as follows: 6 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01) 7 Sec. 8.01. Coordinating Committee; members. The 8 Coordinating Committee of State Agencies Serving Older 9 Persons shall consist of the Director of the Department on 10 Aging or his or her designee as Chairman, the State 11 Superintendent of Education or his or her designee, the 12 Secretary of Human Services or his or her designee, the 13 Secretary of Transportation or his or her designee, and the 14 Directors, or the designee or designees of any or all of the 15 Directors, of the following Departments or agencies: Labor; 16 Veterans' Affairs; Public Health; Public Aid; Children and 17 Family Services; Commerce and Community Affairs; Insurance; 18 Revenue; Illinois Housing Development Authority; and 19 Comprehensive State Health Planning. 20 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97; 21 90-609, eff. 6-30-98.) 22 Section 10. The Children and Family Services Act is 23 amended by changing Section 21 as follows: 24 (20 ILCS 505/21) (from Ch. 23, par. 5021) 25 Sec. 21. Investigative powers; training. 26 (a) To make such investigations as it may deem necessary 27 to the performance of its duties. 28 (b) In the course of any such investigation any 29 qualified person authorized by the Director may administer SB1111 Engrossed -2- LRB9105023DHmg 1 oaths and secure by its subpoena both the attendance and 2 testimony of witnesses and the production of books and papers 3 relevant to such investigation. Any person who is served with 4 a subpoena by the Department to appear and testify or to 5 produce books and papers, in the course of an investigation 6 authorized by law, and who refuses or neglects to appear, or 7 to testify, or to produce books and papers relevant to such 8 investigation, as commanded in such subpoena, shall be guilty 9 of a Class B misdemeanor. The fees of witnesses for 10 attendance and travel shall be the same as the fees of 11 witnesses before the circuit courts of this State. Any 12 circuit court of this State, upon application of the 13 Department, may compel the attendance of witnesses, the 14 production of books and papers, and giving of testimony 15 before the Department or before any authorized officer or 16 employee thereof, by an attachment for contempt or otherwise, 17 in the same manner as production of evidence may be compelled 18 before such court. Every person who, having taken an oath or 19 made affirmation before the Department or any authorized 20 officer or employee thereof, shall willfully swear or affirm 21 falsely, shall be guilty of perjury and upon conviction shall 22 be punished accordingly. 23 (c) Investigations initiated under this Section shall 24 provide individuals due process of law, including the right 25 to a hearing, to cross-examine witnesses, to obtain relevant 26 documents, and to present evidence. Administrative findings 27 shall be subject to the provisions of the Administrative 28 Review Law. 29 (d) Beginning July 1, 1988, any child protective 30 investigator or supervisor or child welfare specialist or 31 supervisor employed by the Department on the effective date 32 of this amendatory Act of 1987 shall have completed a 33 training program which shall be instituted by the Department. 34 The training program shall include, but not be limited to, SB1111 Engrossed -3- LRB9105023DHmg 1 the following: (1) training in the detection of symptoms of 2 child neglect and drug abuse; (2) specialized training for 3 dealing with families and children of drug abusers; and (3) 4 specific training in child development, family dynamics and 5 interview techniques. Such program shall conform to the 6 criteria and curriculum developed under Section 4 of the 7 Child Protective Investigator and Child Welfare Specialist 8 Certification Act of 1987. Failure to complete such training 9 due to lack of opportunity provided by the Department shall 10 in no way be grounds for any disciplinary or other action 11 against an investigator or a specialist. 12 The Department shall develop a continuous inservice staff 13 development program and evaluation system. Each child 14 protective investigator and supervisor and child welfare 15 specialist and supervisor shall participate in such program 16 and evaluation and shall complete a minimum of 20 hours of 17 inservice education and training every 2 years in order to 18 maintain certification. 19 Any child protective investigator or child protective 20 supervisor, or child welfare specialist or child welfare 21 specialist supervisor hired by the Department who begins his 22 actual employment after the effective date of this amendatory 23 Act of 1987, shall be certified pursuant to the Child 24 Protective Investigator and Child Welfare Specialist 25 Certification Act of 1987 before he begins such employment. 26 Nothing in this Act shall replace or diminish the rights of 27 employees under the Illinois Public Labor Relations Act, as 28 amended, or the National Labor Relations Act. In the event of 29 any conflict between either of those Acts, or any collective 30 bargaining agreement negotiated thereunder, and the 31 provisions of subsections (d) and (e), the former shall 32 prevail and control. 33 (e) The Department shall develop and implement the 34 following: SB1111 Engrossed -4- LRB9105023DHmg 1 (1) A standardized child endangerment risk 2 assessment protocol. 3 (2) Related training procedures. 4 (3) A standardized method for demonstration of 5 proficiency in application of the protocol. 6 (4) An evaluation of the reliability and validity 7 of the protocol. 8 All child protective investigators and supervisors and child 9 welfare specialists and supervisors employed by the 10 Department or its contractors shall be required, subsequent 11 to the availability of training under this Act, to 12 demonstrate proficiency in application of the protocol 13 previous to being permitted to make decisions about the 14 degree of risk posed to children for whom they are 15 responsible. The Department shall establish a 16 multi-disciplinary advisory committeecomposed of not more17than 15 membersappointed by the Director, including but not 18 limited to representatives from the fields of child 19 development, domestic violence, family systems, juvenile 20 justice, law enforcement, health care, mental health, 21 substance abuse, and social service to advise the Department 22 and its related contractors in the development and 23 implementation of the child endangerment risk assessment 24 protocol, related training, method for demonstration of 25 proficiency in application of the protocol, and evaluation of 26 the reliability and validity of the protocol. The Department 27 shall develop the protocol, training curriculum, method for 28 demonstration of proficiency in application of the protocol 29 and method for evaluation of the reliability and validity of 30 the protocol by July 1, 1995. Training and demonstration of 31 proficiency in application of the child endangerment risk 32 assessment protocol for all child protective investigators 33 and supervisors and child welfare specialists and supervisors 34 shall be completed as soon as practicable, but no later than SB1111 Engrossed -5- LRB9105023DHmg 1 January 1, 1996. The Department shall submit to the General 2 Assembly on or before May 1, 1996, and every year thereafter, 3 an annual report on the evaluation of the reliability and 4 validity of the child endangerment risk assessment protocol. 5 The Department shall contract with a not for profit 6 organization with demonstrated expertise in the field of 7 child endangerment risk assessment to assist in the 8 development and implementation of the child endangerment risk 9 assessment protocol, related training, method for 10 demonstration of proficiency in application of the protocol, 11 and evaluation of the reliability and validity of the 12 protocol. 13 (Source: P.A. 90-655, eff. 7-30-98.) 14 Section 15. The Critical Health Problems and 15 Comprehensive Health Education Act is amended by changing 16 Section 5 as follows: 17 (105 ILCS 110/5) (from Ch. 122, par. 865) 18 Sec. 5. Advisory Committee. An advisory committee 19 consisting of 11 members is hereby established as follows: 20 the Director of Public Health or his or her designee, the 21 Secretary of Human Services or his or her designee, and an 22 additional person representing the Department of Human 23 Services designated by the Secretary, the Director of 24 Children and Family Services or his or her designee, the 25 Chairman of the Illinois Joint Committee on School Health or 26 his or her designee, and 6 members to be appointed by the 27 State Board of Education to be chosen, insofar as is 28 possible, from the following groups: colleges and 29 universities, voluntary health agencies, medicine, dentistry, 30 professional health associations, teachers, administrators, 31 members of local boards of education, and lay citizens. The 32 original public members shall, upon their appointment, serve SB1111 Engrossed -6- LRB9105023DHmg 1 until July 1, 1973, and, thereafter, new appointments of 2 public members shall be made in like manner and such members 3 shall serve for 4 year terms commencing on July 1, 1973, and 4 until their successors are appointed and qualified. Vacancies 5 in the terms of public members shall be filled in like manner 6 as original appointments for the balance of the unexpired 7 terms. The members of the advisory committee shall receive no 8 compensation but shall be reimbursed for actual and necessary 9 expenses incurred in the performance of their duties. Such 10 committee shall select a chairman and establish rules and 11 procedures for its proceedings not inconsistent with the 12 provisions of this Act. Such committee shall advise the State 13 Board of Education on all matters relating to the 14 implementation of the provisions of this Act. They shall 15 assist in presenting advice and interpretation concerning a 16 comprehensive health education program to the Illinois 17 public, especially as related to critical health problems. 18 They shall also assist in establishing a sound understanding 19 and sympathetic relationship between such comprehensive 20 health education program and the public health, welfare and 21 educational programs of other agencies in the community. 22 (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.