Bill Text: IL HB5004 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of human services with a human services, juris doctorate, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of human services with a human services degree or equivalent course work as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5004 Detail]

Download: Illinois-2019-HB5004-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5004 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
20 ILCS 505/5d
750 ILCS 50/18.9
Amends the Children and Family Services Act. In a provision concerning the composition of the Direct Child Welfare Service Employee License Board, provides that, in addition to other specified members, the Board must include 5 licensed professionals from the field of human services with a human services, juris doctorate, medical, public administration, or other relevant human services degree (rather than 5 licensed professionals from the field of human services with a human services degree or equivalent course work as required by rule of the Department of Children and Family Services). Amends the Adoption Act. Provides that calls to the toll-free number maintained by the Department of Children and Family Services to respond to requests from the public about its post-placement and post-adoption support services shall be answered no more than one business day after (rather than 24 hours from) receipt of the request.
LRB101 19328 KTG 68797 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5004 LRB101 19328 KTG 68797 b
AN ACT concerning the Department of Children and Family
Services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 5d as follows:
(20 ILCS 505/5d)
Sec. 5d. The Direct Child Welfare Service Employee License
Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service
Employee License Board.
(2) "Director" means the Director of Children and
Family Services.
(b) The Direct Child Welfare Service Employee License Board
is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a chairperson
and vice-chairperson of the Board. The membership of the Board
must be composed as follows: (i) 5 licensed professionals from
the field of human services with a human services, juris
doctorate, medical, public administration, or other relevant
human services degree or equivalent course work as required by

HB5004 - 2 - LRB101 19328 KTG 68797 b
rule of the Department and who are in good standing within
their profession, at least 2 of which must be employed in the
private not-for-profit sector and at least one of which in the
public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession and (iii) 2 members of the
general public who are not licensed under this Act or a similar
rule and will represent consumer interests.
In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members to
serve for a term of 2 years, and 3 members to serve for a term
of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve 3-year
terms, or until their successors are appointed and qualified.
Appointments to fill unexpired vacancies shall be made in the
same manner as original appointments. No member may be
reappointed if a reappointment would cause that member to serve
on the Board for longer than 6 consecutive years. Board
membership must have reasonable representation from different
geographic areas of Illinois, and all members must be residents
of this State.
The Director may terminate the appointment of any member
for good cause, including but not limited to (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse himself or herself
when required by subsection (c) of this Section or Department

HB5004 - 3 - LRB101 19328 KTG 68797 b
rule, or (iii) failure to maintain the professional position
required by Department rule. No member of the Board may have a
pending or indicated report of child abuse or neglect or a
pending complaint or criminal conviction of any of the offenses
set forth in paragraph (b) of Section 4.2 of the Child Care Act
of 1969.
The members of the Board shall receive no compensation for
the performance of their duties as members, but each member
shall be reimbursed for his or her reasonable and necessary
expenses incurred in attending the meetings of the Board.
(c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee of
a child welfare agency at which the Board member is an employee
or contractual employee. The Board shall make a final
determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's rules.
Upon notification of the manner of the vote to all the members,
votes on a final determination may be cast in person, by
telephonic or electronic means, or by mail at the discretion of
the chairperson. A simple majority of the members appointed and
serving is required when Board members vote by mail or by
telephonic or electronic means. A majority of the currently
appointed and serving Board members constitutes a quorum. A
majority of a quorum is required when a recommendation is voted

HB5004 - 4 - LRB101 19328 KTG 68797 b
on during a Board meeting. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all the
duties of the Board. Board members are not personally liable in
any action based upon a disciplinary proceeding or otherwise
for any action taken in good faith as a member of the Board.
(d) The Director may assign Department employees to provide
staffing services to the Board. The Department must promulgate
any rules necessary to implement and administer the
requirements of this Section.
(Source: P.A. 92-471, eff. 8-22-01; 92-651, eff. 7-11-02.)
Section 10. The Adoption Act is amended by changing Section
18.9 as follows:
(750 ILCS 50/18.9)
Sec. 18.9. Post-placement and post-adoption support
services.
(a) It is the public policy of this State to find
permanency for children through adoption and to prevent
placement disruption, adoption dissolution, and secondary
placement. Public awareness and access to timely, effective
post-placement and post-adoption support services to provide
resources for children and families is essential to promote
permanency.
(b) The Department shall establish and maintain accessible
post-placement and post-adoption support services for all

HB5004 - 5 - LRB101 19328 KTG 68797 b
children adopted pursuant to this Act, all children residing in
this State adopted pursuant to the Interstate Compact on the
Placement of Children, all children residing in this State
adopted pursuant to the Intercountry Adoption Act of 2000, and
all former youth in care, as defined by the Children and Family
Services Act, who have been placed in a guardianship.
(b-5) The Department shall establish and maintain a
toll-free number to respond to requests from the public about
its post-placement and post-adoption support services under
subsection (b) and shall staff the toll-free number so that
calls are answered on a timely basis, but in no event more than
one business day after 24 hours from the receipt of a request.
(c) The Department shall publicize information about the
Department's post-placement and post-adoption support services
pursuant to subsection (b) and the toll-free number pursuant to
subsection (b-5) as follows:
(1) it shall post information on the Department's
website;
(2) it shall provide the information to every licensed
child welfare agency, every out of State placement agency
or entity approved under Section 4.1 of this Act, and any
entity providing adoption support services in the Illinois
courts;
(3) it shall reference such information in the adoptive
parents' rights and responsibilities document that the
Department publishes and that is provided to adoptive

HB5004 - 6 - LRB101 19328 KTG 68797 b
parents under this Act and the Child Care Act.
(4) it shall provide the information, including the
Illinois Post Adoption and Guardianship Services booklet,
to prospective adoptive parents and guardians as part of
its adoption and guardianship training and at the time they
are presented with the Permanency Commitment form; and
(5) it shall include, in each annual notification
letter mailed to adoptive parents and guardians, a short,
2-sided flier or news bulletin in plain language that
describes access to post-placement and post-adoption
services, how to access Medicaid and Individual Care Grant
or Family Support Program services, the webpage address to
Illinois' Post Adoption and Guardianship Services booklet,
information on how to request that a copy of the booklet be
mailed, and a sticker or magnet that includes the toll-free
number to access the Department's post-placement and
post-adoption support services.
(c-5) The Department shall review and update annually all
information relating to its post-placement and post-adoption
support services, including its Post Adoption and Guardianship
Services booklet, to include updated information on Individual
Care Group or Family Support Program services eligibility and
the post-placement and post-adoption support services that are
available through the Medicaid program or any other State
program for mental health services. The Department and the
Department of Healthcare and Family Services shall coordinate

HB5004 - 7 - LRB101 19328 KTG 68797 b
their efforts in the development of resources described in this
subsection.
(d) Every licensed child welfare agency, every entity
approved under Section 4.1 of this Act, and any entity
providing adoption support services in the Illinois courts
shall provide the Department's website address and link to the
Department's post-placement and post-adoption support services
information set forth in subsection (c) of this Section,
including the Department's toll-free number, to every adoptive
parent, prospective adoptive parent, and guardian with whom
they work in Illinois. This information shall be provided prior
to placement.
(e) Beginning one year after the effective date of this
amendatory Act of the 101st General Assembly, the Department
shall report annually to the General Assembly on January 15 the
following information for the preceding year:
(1) a description of all post-placement and
post-adoption support services the Department provides;
(2) without identifying the names of the recipients of
the services, the number of guardians, prospective
adoptive parents, and adoptive families in Illinois who
have received the Department's post-placement and
post-adoption support services and the type of services
provided and for each, the length of time between the
initial contact to the Department to request
post-placement and post-adoption support services and the

HB5004 - 8 - LRB101 19328 KTG 68797 b
first receipt of services, and the type of services
received;
(3) the number of families who have contacted the
Department about its post-placement and post-adoption
support services due to a potential placement disruption,
adoption dissolution, secondary placement, or unregulated
placement, but for whom the Department declined to provide
post-placement and post-adoption support services and the
reasons that services were denied;
(4) the number of placement disruptions, adoption
dissolutions, unregulated placements, and secondary
placements, and for each one:
(A) the type of placement or adoption, including
whether the child who was the subject of the placement
was a youth in care as defined in Section 4d of the
Children and Family Services Act, and if the child was
not a youth in care, whether the adoption was a
private, agency, agency-assisted, interstate, or
intercountry adoption;
(B) if the placement or adoption was intercountry,
the country of birth of the child;
(C) whether the child who was the subject of the
placement disruption, adoption dissolution,
unregulated placement, or secondary placement entered
State custody;
(D) the length of the placement prior to the

HB5004 - 9 - LRB101 19328 KTG 68797 b
placement disruption, adoption dissolution,
unregulated placement, or secondary placement;
(E) the age of the child at the time of the
placement disruption, adoption dissolution,
unregulated placement, or secondary placement;
(F) the reason, if known, for the placement
disruption, adoption dissolution, unregulated
placement, or secondary placement; and
(G) if a licensed child welfare agency or any
approved out of State placing entity participated in
the initial placement, and, if applicable, the name of
the agency or approved out of State placing entity; and
(5) a description of the coordination between the
Department and the Department of Healthcare and Family
Services to develop resources under this subsection,
including, but not limited to, a description of the goals
of such coordination and whether the goals have been met.
(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20.)