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92_HB2231 LRB9207431TAtm 1 AN ACT concerning children and family 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 adding Section 4b and by changing Section 35.5 as 6 follows: 7 (20 ILCS 505/4b new) 8 Sec. 4b. Required investigations. The Department must 9 investigate any complaint of alleged neglect or abuse to 10 minors or group care residents ages 17 through 21 who are in 11 any home or child care institution licensed by or under the 12 jurisdiction of the Department. In connection with the 13 investigations required by this Section, the Department must 14 make any initial, preliminary, and final reports required 15 under the Abused and Neglected Child Reporting Act. 16 (20 ILCS 505/35.5) 17 Sec. 35.5. Inspector General. 18 (a) The Governor shall appoint, and the Senate shall 19 confirm, an Inspector General who shall have the authority to 20 conduct investigations into allegations of or incidents of 21 possible misconduct, misfeasance, malfeasance, or violations 22 of rules, procedures, or laws by any employee, foster parent, 23 service provider, or contractor of the Department of Children 24 and Family Services. The Inspector General is authorized to 25 investigate any complaint of alleged neglect or abuse to 26 minors or group care residents ages 17 through 21 who are in 27 any home or child care institution licensed by or under the 28 jurisdiction of the Department. The Inspector General shall 29 make recommendations to the Director of Children and Family 30 Services concerning sanctions or disciplinary actions against -2- LRB9207431TAtm 1 Department employees or providers of service under contract 2 to the Department. Any investigation conducted by the 3 Inspector General shall be independent and separate from the 4 investigation mandated by the Abused and Neglected Child 5 Reporting Act. The Inspector General shall be appointed for 6 a term of 4 years. The Inspector General shall be 7 independent of the operations of the Department and shall 8 report to the Director of Children and Family Services and 9 the Governor and perform other duties the Director may 10 designate. The Inspector General shall adopt rules as 11 necessary to carry out the functions, purposes, and duties of 12 the office of Inspector General in the Department of Children 13 and Family Services, in accordance with the Illinois 14 Administrative Procedure Act and any other applicable law. 15 (b) The Inspector General shall have access to all 16 information and personnel necessary to perform the duties of 17 the office. To minimize duplication of efforts, and to 18 assure consistency and conformance with the requirements and 19 procedures established in the B.H. v. Suter consent decree 20 and to share resources when appropriate, the Inspector 21 General shall coordinate his or her activities with the 22 Bureau of Quality Assurance within the Department. 23 (c) The Inspector General shall be the primary liaison 24 between the Department and the Department of State Police 25 with regard to investigations conducted under the Inspector 26 General's auspices. If the Inspector General determines that 27 a possible criminal act has been committed, or that special 28 expertise is required in the investigation, he or she shall 29 immediately notify the Department of State Police. All 30 investigations conducted by the Inspector General shall be 31 conducted in a manner designed to ensure the preservation of 32 evidence for possible use in a criminal prosecution. 33 (d) The Inspector General may recommend to the 34 Department of Children and Family Services, the Department of -3- LRB9207431TAtm 1 Public Health, or any other appropriate agency, sanctions to 2 be imposed against service providers under the jurisdiction 3 of or under contract with the Department for the protection 4 of children in the custody or under the guardianship of the 5 Department who received services from those providers. The 6 Inspector General may seek the assistance of the Attorney 7 General or any of the several State's Attorneys in imposing 8 sanctions. 9 (e) The Inspector General shall at all times be granted 10 access to any foster home, facility, or program operated for 11 or licensed or funded by the Department. 12 (f) Nothing in this Section shall limit investigations 13 by the Department of Children and Family Services that may 14 otherwise be required by law or that may be necessary in that 15 Department's capacity as the central administrative authority 16 for child welfare. 17 (g) The Inspector General shall have the power to 18 subpoena witnesses and compel the production of books and 19 papers pertinent to an investigation authorized by this Act. 20 The power to subpoena or to compel the production of books 21 and papers, however, shall not extend to the person or 22 documents of a labor organization or its representatives 23 insofar as the person or documents of a labor organization 24 relate to the function of representing an employee subject to 25 investigation under this Act. Any person who fails to appear 26 in response to a subpoena or to answer any question or 27 produce any books or papers pertinent to an investigation 28 under this Act, except as otherwise provided in this Section, 29 or who knowingly gives false testimony in relation to an 30 investigation under this Act is guilty of a Class A 31 misdemeanor. 32 (h) The Inspector General shall provide to the General 33 Assembly and the Governor, no later than January 1 of each 34 year, a summary of reports and investigations made under this -4- LRB9207431TAtm 1 Section for the prior fiscal year. The summaries shall 2 detail the imposition of sanctions and the final disposition 3 of those recommendations. The summaries shall not contain 4 any confidential or identifying information concerning the 5 subjects of the reports and investigations. The summaries 6 also shall include detailed recommended administrative 7 actions and matters for consideration by the General 8 Assembly. 9 (Source: P.A. 90-512, eff. 8-22-97.)