Bill Text: IL HB2146 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2146 Detail]

Download: Illinois-2023-HB2146-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2146 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act
705 ILCS 505/8 from Ch. 37, par. 439.8
Creates the Community-Based Foster Care Organization Safety Net Act. Provides that it is the purpose of the Act to provide community-based foster care organizations with a financial safety net for liabilities incurred in excess of $2,000,000 for tort claims arising out of the foster care services they provide to the children of this State. Provides that if any civil proceeding is commenced against a community-based foster care organization alleging death or bodily injury or other injury to the claimant arising out of any act or omission within the scope of the organization's provision of foster care services, the State shall indemnify the community-based foster care organization for any damages incurred in excess of $2,000,000. Provides that damages, court costs, litigation expenses, and other costs of indemnification, including attorney's fees obligated under this Section, whether by settlement or by judgment, shall be presented by the claimant in the Court of Claims subject to the procedures set forth in the Court of Claims Act. Provides that upon entry of a final judgment in excess of $2,000,000 against the community-based foster care organization, or upon the settlement of a claim in excess of that amount, the claimant or his or her representative shall file a copy of such judgment or settlement within 60 days after the effective date of such settlement or judgment with the Court of Claims. Provides that the Act applies to all judgments or settlement proceedings finalized on or after the effective date of the Act, and to any proceeding pending on the effective date of the Act. Provides that indemnification provided under the Act shall apply to any employee acting within the scope of his or her employment with the community-based foster care organization. Sets forth when indemnification does not apply. Provides that nothing in the Act shall be construed to prohibit a community-based foster care organization from providing representation to an employee who is a witness in a criminal matter arising out of the employee's employment with the community-based foster care organization. Amends the Court of Claims Act to make conforming changes. Effective April 1, 2023.
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A BILL FOR
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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
Community-Based Foster Care Organization Safety Net Act.
Section 5. Policy and purpose. It is the policy of this
State to encourage community-based organizations to provide
foster care services to children in need. It is the purpose of
this Act to provide such community-based organizations with a
financial safety net for liabilities incurred in excess of
$2,000,000 for tort claims arising out of the foster care
services they provide to the children of this State.
Section 10. Definitions. As used in this Act:
"Community-based foster care organization" or
"organization" means a privately owned or operated
organization that contracts with the Department of Children
and Family Services for the purpose of providing foster care
services in the State.
"Department" means the Department of Children and Family
Services.
"Damages" means any sums a community-based foster care
organization becomes legally obligated to pay as a result of a

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tort claim arising out of foster care services, including any
settlements, judgments, judgments for punitive damages, and
attorney's fees. "Damages" does not include fines assessed by
the Department or the State. "Damages" does not include any
liabilities incurred by the community-based foster care
organization for claims against employees of the
community-based foster care organization.
"Foster care services" means the provision of a full range
of casework, treatment, and community services for a planned
period of time to a child who is in need of placement or has
been placed through an agreement between the Department and
the community-based foster care organization.
Section 15. Indemnification of community-based foster care
organizations.
(a) If any civil proceeding is commenced against a
community-based foster care organization alleging death or
bodily injury or other injury to the claimant arising out of
any act or omission within the scope of the organization's
provision of foster care services, the State shall indemnify
the community-based foster care organization for any damages
incurred in excess of $2,000,000.
(b) Damages, court costs, litigation expenses, and other
costs of indemnification, including attorney's fees obligated
under this Section, whether by settlement or by judgment,
shall be presented by the claimant in the Court of Claims

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subject to the procedures set forth in Section 8 of the Court
of Claims Act.
(c) Upon entry of a final judgment in excess of $2,000,000
against the community-based foster care organization, or upon
the settlement of a claim in excess of that amount, the
claimant or his or her representative shall file a copy of such
judgment or settlement within 60 days after the effective date
of such settlement or judgment with the Court of Claims.
(d) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the
community-based foster care organization, or any of its
employees, of any defense available to it.
(f) This Act applies to all judgments or settlement
proceedings finalized on or after the effective date of this
Act, and to any proceeding pending on the effective date of
this Act.
(g) The indemnification provided under this Act shall
apply to any employee acting within the scope of his or her
employment with the community-based foster care organization.
However, this indemnification shall not apply to any
community-based foster care organization or any employee of a
community-based foster care organization that is involved in
any: (i) criminal proceeding in which the organization or
employee is a defendant; (ii) criminal investigation in which
the organization or employee is the target; or (iii)
proceeding that does not arise out of the provision of foster

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care services. Nothing in this Act shall be construed to
prohibit a community-based foster care organization from
providing representation to an employee who is a witness in a
criminal matter arising out of the employee's employment with
the community-based foster care organization.
Section 20. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not
affect other provisions or applications of this Act that can
be given effect without the invalid provision or application.
Section 25. The Court of Claims Act is amended by changing
Section 8 as follows:
(705 ILCS 505/8) (from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction; deliberation
periods. The court shall have exclusive jurisdiction to hear
and determine the following matters:
(a) All claims against the State founded upon any law
of the State of Illinois or upon any regulation adopted
thereunder by an executive or administrative officer or
agency; provided, however, the court shall not have
jurisdiction (i) to hear or determine claims arising under
the Workers' Compensation Act or the Workers' Occupational
Diseases Act, or claims for expenses in civil litigation,

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or (ii) to review administrative decisions for which a
statute provides that review shall be in the circuit or
appellate court.
(b) All claims against the State founded upon any
contract entered into with the State of Illinois.
(c) All claims against the State for time unjustly
served in prisons of this State when the person imprisoned
received a pardon from the Governor stating that such
pardon is issued on the ground of innocence of the crime
for which he or she was imprisoned or he or she received a
certificate of innocence from the Circuit Court as
provided in Section 2-702 of the Code of Civil Procedure;
provided, the amount of the award is at the discretion of
the court; and provided, the court shall make no award in
excess of the following amounts: for imprisonment of 5
years or less, not more than $85,350; for imprisonment of
14 years or less but over 5 years, not more than $170,000;
for imprisonment of over 14 years, not more than $199,150;
and provided further, the court shall fix attorney's fees
not to exceed 25% of the award granted. On or after the
effective date of this amendatory Act of the 95th General
Assembly, the court shall annually adjust the maximum
awards authorized by this subsection (c) to reflect the
increase, if any, in the Consumer Price Index For All
Urban Consumers for the previous calendar year, as
determined by the United States Department of Labor,

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except that no annual increment may exceed 5%. For the
annual adjustments, if the Consumer Price Index decreases
during a calendar year, there shall be no adjustment for
that calendar year. The transmission by the Prisoner
Review Board or the clerk of the circuit court of the
information described in Section 11(b) to the clerk of the
Court of Claims is conclusive evidence of the validity of
the claim. The changes made by this amendatory Act of the
95th General Assembly apply to all claims pending on or
filed on or after the effective date.
(d) All claims against the State for damages in cases
sounding in tort, if a like cause of action would lie
against a private person or corporation in a civil suit,
and all like claims sounding in tort against the Medical
Center Commission, the Board of Trustees of the University
of Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Board of Trustees of the Illinois
Mathematics and Science Academy; provided, that an award
for damages in a case sounding in tort, other than certain

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cases involving the operation of a State vehicle described
in this paragraph, shall not exceed the sum of $2,000,000
to or for the benefit of any claimant. The $2,000,000
limit prescribed by this Section does not apply to an
award of damages in any case sounding in tort arising out
of the operation by a State employee of a vehicle owned,
leased or controlled by the State. The defense that the
State or the Medical Center Commission or the Board of
Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University, the Board of
Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, or the Board of
Trustees of the Illinois Mathematics and Science Academy
is not liable for the negligence of its officers, agents,
and employees in the course of their employment is not
applicable to the hearing and determination of such
claims. The changes to this Section made by this
amendatory Act of the 100th General Assembly apply only to
claims filed on or after July 1, 2015.
The court shall annually adjust the maximum awards
authorized by this subsection to reflect the increase, if

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any, in the Consumer Price Index For All Urban Consumers
for the previous calendar year, as determined by the
United States Department of Labor. The Comptroller shall
make the new amount resulting from each annual adjustment
available to the public via the Comptroller's official
website by January 31 of every year.
(e) All claims for recoupment made by the State of
Illinois against any claimant.
(f) All claims pursuant to the Line of Duty
Compensation Act. A claim under that Act must be heard and
determined within one year after the application for that
claim is filed with the Court as provided in that Act.
(g) All claims filed pursuant to the Crime Victims
Compensation Act.
(h) All claims pursuant to the Illinois National
Guardsman's Compensation Act. A claim under that Act must
be heard and determined within one year after the
application for that claim is filed with the Court as
provided in that Act.
(i) All claims authorized by subsection (a) of Section
10-55 of the Illinois Administrative Procedure Act for the
expenses incurred by a party in a contested case on the
administrative level.
(j) All claims for indemnification under Section 10 of
the Community-Based Foster Care Provider Safety Net Act.
(Source: P.A. 100-1124, eff. 11-27-18.)

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