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Public Act 92-0468
SB373 Enrolled LRB9201644SMdv
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum
of the members of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported
in whole or in part by tax revenue, or which expend tax
revenue, except the General Assembly and committees or
commissions thereof. "Public body" includes tourism boards
and convention or civic center boards located in counties
that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body"
includes the Health Facilities Planning Board. "Public body"
does not include a child death review team or the Illinois
Child Death Review Teams Executive Council established under
the Child Death Review Team Act or an ethics commission,
ethics officer, or ultimate jurisdictional authority acting
under the State Gift Ban Act as provided by Section 80 of
that Act.
(Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99;
91-782, eff. 6-9-00.)
Section 10. The Freedom of Information Act is amended by
changing Section 2 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
(Text of Section before amendment by P.A. 91-935)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and all other
documentary materials, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed or under the control of any
public body. "Public records" includes, but is expressly not
limited to: (i) administrative manuals, procedural rules,
and instructions to staff, unless exempted by Section 7(p) of
this Act; (ii) final opinions and orders made in the
adjudication of cases, except an educational institution's
adjudication of student or employee grievance or disciplinary
cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public
body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies;
(ix) materials containing opinions concerning the rights of
the state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; (xv)
waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code and (xvi) complaints, results of
complaints, and Department of Children and Family Services
staff findings of licensing violations at day care
facilities, provided that personal and identifying
information is not released.
(d) "Copying" means the reproduction of any public
record by means of any photographic, electronic, mechanical
or other process, device or means.
(e) "Head of the public body" means the president,
mayor, chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body,
or such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97;
90-670, eff. 7-31-98.)
(Text of Section after amendment by P.A. 91-935)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and all other
documentary materials, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed or under the control of any
public body. "Public records" includes, but is expressly not
limited to: (i) administrative manuals, procedural rules,
and instructions to staff, unless exempted by Section 7(p) of
this Act; (ii) final opinions and orders made in the
adjudication of cases, except an educational institution's
adjudication of student or employee grievance or disciplinary
cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public
body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies;
(ix) materials containing opinions concerning the rights of
the state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; (xv)
waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code; (xvi) complaints, results of
complaints, and Department of Children and Family Services
staff findings of licensing violations at day care
facilities, provided that personal and identifying
information is not released; and (xvii) records, reports,
forms, writings, letters, memoranda, books, papers, and other
documentary information, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed, or under the control of the
Illinois Sports Facilities Authority dealing with the receipt
or expenditure of public funds or other funds of the
Authority in connection with the reconstruction, renovation,
remodeling, extension, or improvement of all or substantially
all of an existing "facility" as that term is defined in the
Illinois Sports Facilities Authority Act.
(d) "Copying" means the reproduction of any public
record by means of any photographic, electronic, mechanical
or other process, device or means.
(e) "Head of the public body" means the president,
mayor, chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body,
or such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(Source: P.A. 90-144, eff. 7-23-97; 90-670, eff. 7-31-98;
91-935, eff. 6-1-01.)
Section 15. The Children and Family Services Act is
amended by changing Section 5.15 as follows:
(20 ILCS 505/5.15)
Sec. 5.15. Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department of Human Services is designated to coordinate all
day care activities for children of the State and shall
develop or continue, and shall update every year, a State
comprehensive day-care plan for submission to the Governor
that identifies high-priority areas and groups, relating them
to available resources and identifying the most effective
approaches to the use of existing day care services. The
State comprehensive day-care plan shall be made available to
the General Assembly following the Governor's approval of
the plan.
The plan shall include methods and procedures for the
development of additional day care resources for children to
meet the goal of reducing short-run and long-run dependency
and to provide necessary enrichment and stimulation to the
education of young children. Recommendations shall be made
for State policy on optimum use of private and public, local,
State and federal resources, including an estimate of the
resources needed for the licensing and regulation of day care
facilities.
A written report shall be submitted to the Governor and
the General Assembly annually on April 15. The report shall
include an evaluation of developments over the preceding
fiscal year, including cost-benefit analyses of various
arrangements. Beginning with the report in 1990 submitted by
the Department's predecessor agency and every 2 years
thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs
and available resources throughout the State and an
assessment of the adequacy of existing child care
services, including, but not limited to, services
assisted under this Act and under any other program
administered by other State agencies.
(2) A survey of day care facilities to determine
the number of qualified caregivers, as defined by rule,
attracted to vacant positions and any problems
encountered by facilities in attracting and retaining
capable caregivers. The report shall include an
assessment, based on the survey, of improvements in
employee benefits that may attract capable caregivers.
(3) The average wages and salaries and fringe
benefit packages paid to caregivers throughout the State,
computed on a regional basis, compared to similarly
qualified employees in other but related fields.
(4) The qualifications of new caregivers hired at
licensed day care facilities during the previous 2-year
period.
(5) Recommendations for increasing caregiver wages
and salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(b) The Department of Human Services shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified
for the purpose of addressing issues of applicability and
service system barriers.
(c) In cooperation with other State agencies, the
Department of Human Services shall develop and implement, or
shall continue, a resource and referral system for the State
of Illinois either within the Department or by contract with
local or regional agencies. Funding for implementation of
this system may be provided through Department appropriations
or other inter-agency funding arrangements. The resource and
referral system shall provide at least the following
services:
(1) Assembling and maintaining a data base on the
supply of child care services.
(2) Providing information and referrals for
parents.
(3) Coordinating the development of new child care
resources.
(4) Providing technical assistance and training to
child care service providers.
(5) Recording and analyzing the demand for child
care services.
(d) The Department of Human Services shall conduct day
care planning activities with the following priorities:
(1) Development of voluntary day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports. By January 1, 2002, the
Department shall design a plan to create more child care
slots as well as goals and timetables to improve quality
and accessibility of child care.
(2) Emphasis on service to children of recipients
of public assistance when such service will allow
training or employment of the parent toward achieving the
goal of independence.
(3) (Blank). Maximum employment of recipients of
public assistance in day care centers and day care homes,
operated in conjunction with short-term work training
programs.
(4) Care of children from families in stress and
crises whose members potentially may become, or are in
danger of becoming, non-productive and dependent.
(5) Expansion of family day care facilities
wherever possible.
(6) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies. The Department shall
coordinate the provision of grants, but only to the
extent funds are specifically appropriated for this
purpose, to encourage the creation and expansion of
child care centers in high need communities to be issued
by the State, business, and local governments.
(7) Use of existing facilities free of charge or
for reasonable rental whenever possible in lieu of
construction.
(8) Development of strategies for assuring a more
complete range of day care options, including provision
of day care services in homes, in schools, or in centers,
which will enable a parent or parents to complete a
course of education or obtain or maintain employment and
the creation of more child care options for swing shift,
evening, and weekend workers and for working women with
sick children. The Department shall encourage companies
to provide child care in their own offices or in the
building in which the corporation is located so that
employees of all the building's tenants can benefit from
the facility.
(9) Development of strategies for subsidizing
students pursuing degrees in the child care field.
(10) Continuation and expansion of service programs
that assist teen parents to continue and complete their
education.
Emphasis shall be given to support services that will
help to ensure such parents' graduation from high school and
to services for participants in any programs the Project
Chance program of job training conducted by the Department.
(e) The Department of Human Services shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization
of federal funds directly or indirectly available to the
Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low
income working families, especially those who receive
Temporary Assistance for Needy Families (TANF) or who are
transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the
Department shall complete a study using outcome-based
assessment measurements to analyze the various types of child
care needs, including but not limited to: child care homes;
child care facilities; before and after school care; and
evening and weekend care. Based upon the findings of the
study, the Department shall develop a plan by April 15, 1998,
that identifies the various types of child care needs within
various geographic locations. The plan shall include, but
not be limited to, the special needs of parents and guardians
in need of non-traditional child care services such as early
mornings, evenings, and weekends; the needs of very low
income families and children and how they might be better
served; and strategies to assist child care providers to meet
the needs and schedules of low income families.
(Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97;
90-590, eff. 1-1-99.)
Section 20. The Child Death Review Team Act is amended
by changing Sections 10, 15, 30, and 35 and by adding Section
40 as follows:
(20 ILCS 515/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Child" means any person under the age of 18 years unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means the Department of Children and Family
Services.
"Director" means the Director of Children and Family
Services.
"Executive Council" means the Illinois Child Death Review
Teams Executive Council.
(Source: P.A. 90-239, eff. 7-28-97.)
(20 ILCS 515/15)
Sec. 15. Child death review teams; establishment.
(a) The Director, in consultation with the Executive
Council, law enforcement, and other professionals who work in
the field of investigating, treating, or preventing child
abuse or neglect in that subregion, shall appoint members to
a child death review team in each of the Department's
administrative subregions of the State outside Cook County
and at least one child death review team in Cook County. The
members of a team shall be appointed for 2-year terms and
shall be eligible for reappointment upon the expiration of
the terms.
(b) Each child death review team shall consist of at
least one member from each of the following categories:
(1) Pediatrician or other physician knowledgeable
about child abuse and neglect.
(2) Representative of the Department.
(3) State's attorney or State's attorney's
representative.
(4) Representative of a local law enforcement
agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Representative of a school district or other
education or child care interests.
(8) Coroner or forensic pathologist.
(9) Representative of a child welfare agency or
child advocacy organization.
(10) Representative of a local hospital, trauma
center, or provider of emergency medical services.
Each child death review team may make recommendations to
the Director concerning additional appointments.
Each child death review team member must have
demonstrated experience and an interest in investigating,
treating, or preventing child abuse or neglect.
(c) Each child death review team shall select a
chairperson from among its members. The chairperson shall
also serve on the Illinois Child Death Review Teams Executive
Council.
(Source: P.A. 88-614, eff. 9-7-94.)
(20 ILCS 515/30)
Sec. 30. Public access to information.
(a) Meetings of the child death review teams and the
Executive Council shall be closed to the public. Meetings of
the child death review teams and the Executive Council are
not subject to the Open Meetings Act (5 ILCS 120/1 et seq.),
as provided in that Act.
(b) Records and information provided to a child death
review team and the Executive Council, and records maintained
by a team or the Executive Council, are confidential and not
subject to the Freedom of Information Act (5 ILCS 140/1 et
seq.), as provided in that Act.
Nothing contained in this subsection (b) prevents the
sharing or disclosure of records, other than those produced
by a Child Death Review Team or the Executive Council,
relating or pertaining to the death of a minor under the care
of or receiving services from the Department of Children and
Family Services and under the jurisdiction of the juvenile
court with the juvenile court, the State's Attorney, and the
minor's attorney.
(c) Members of a child death review team and the
Executive Council are not subject to examination, in any
civil or criminal proceeding, concerning information
presented to members of the team or the Executive Council or
opinions formed by members of the team or the Executive
Council based on that information. A person may, however, be
examined concerning information provided to a child death
review team or the Executive Council that is otherwise
available to the public.
(d) Records and information produced by a child death
review team and the Executive Council are not subject to
discovery or subpoena and are not admissible as evidence in
any civil or criminal proceeding. Those records and
information are, however, subject to discovery or a subpoena,
and are admissible as evidence, to the extent they are
otherwise available to the public.
(Source: P.A. 90-15, eff. 6-13-97)
(20 ILCS 515/35)
Sec. 35. Indemnification. The State shall indemnify and
hold harmless members of a child death review team and the
Executive Council for all their acts, omissions, decisions,
or other conduct arising out of the scope of their service on
the team or Executive Council, except those involving willful
or wanton misconduct. The method of providing
indemnification shall be as provided in the State Employee
Indemnification Act (5 ILCS 350/1 et seq.).
(Source: P.A. 88-614, eff. 9-7-94.)
(20 ILCS 515/40 new)
Sec. 40. Illinois Child Death Review Teams Executive
Council.
(a) The Illinois Child Death Review Teams Executive
Council, consisting of the chairpersons of the 9 child death
review teams in Illinois, is the coordinating and oversight
body for child death review teams and activities in Illinois.
The vice-chairperson of a child death review team, as
designated by the chairperson, may serve as a back-up member
or an alternate member of the Executive Council, if the
chairperson of the child death review team is unavailable to
serve on the Executive Council. The Inspector General of the
Department, ex officio, is a non-voting member of the
Executive Council. The Director may appoint to the Executive
Council any ex-officio members deemed necessary. Persons
with expertise needed by the Executive Council may be invited
to meetings. The Executive Council must select from its
members a chairperson and a vice-chairperson, each to serve a
2-year, renewable term.
The Executive Council must meet at least 4 times during
each calendar year.
(b) The Department must provide or arrange for the staff
support necessary for the Executive Council to carry out its
duties. The Director, in cooperation and consultation with
the Executive Council, shall appoint, reappoint, and remove
team members.
(c) The Executive Council has, but is not limited to,
the following duties:
(1) To serve as the voice of child death review
teams in Illinois.
(2) To oversee the regional teams in order to
ensure that the teams' work is coordinated and in
compliance with the statutes and the operating protocol.
(3) To ensure that the data, results, findings, and
recommendations of the teams are adequately used to make
any necessary changes in the policies, procedures, and
statutes in order to protect children in a timely manner.
(4) To collaborate with the General Assembly, the
Department, and others in order to develop any
legislation needed to prevent child fatalities and to
protect children.
(5) To assist in the development of quarterly and
annual reports based on the work and the findings of the
teams.
(6) To ensure that the regional teams' review
processes are standardized in order to convey data,
findings, and recommendations in a usable format.
(7) To serve as a link with child death review
teams throughout the country and to participate in
national child death review team activities.
(8) To develop an annual statewide symposium to
update the knowledge and skills of child death review
team members and to promote the exchange of information
between teams.
(9) To provide the child death review teams with
the most current information and practices concerning
child death review and related topics.
(10) To perform any other functions necessary to
enhance the capability of the child death review teams to
reduce and prevent child injuries and fatalities.
(d) In any instance when a child death review team does
not operate in accordance with established protocol, the
Director, in consultation and cooperation with the Executive
Council, must take any necessary actions to bring the team
into compliance with the protocol.
Section 25. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2605-480 as follows:
(20 ILCS 2605/2605-480 new)
Sec. 2605-480. Statewide kidnapping alert program. The
Department of State Police shall develop a coordinated
program for a statewide emergency alert system when a child
is missing or kidnapped.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2001.
Approved August 22, 2001.
Effective August 22, 2001.
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