Bill Text: IL SB2249 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Access to Justice Grant Program Act. Establishes a Program and a Panel to issue and award grants to 2 community-based organizations to increase outreach, education on legal matters, and access to legal services to low-income communities of color. Requires the organizations to act as fiscal agents. Provides for the recruitment and training of community navigators to conduct legal screenings. Requires the Governor to include a $10,000,000 appropriation for the Program in the annual State budget. Contains provisions concerning: grant application requirements; a grant review committee; financial audits; and other matters. Amends the Children and Family Services Act. Provides that, if a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on well-child visits, including immunizations, or there is a documented religious or medical reason the child is not immunized. Requires the Department to complete, before a child's discharge from foster or substitute care, a home safety checklist regarding the child's home. Requires any aftercare services to a child and his or her family to start on the date the child is returned to the custody or guardianship of the parent or guardian. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter and there is a prior indicated report of abuse or neglect and a prior open service case involving a member of the household, the Department must accept the report as a child welfare services referral. Requires the Auditor General to conduct performance audits on the Department. Effective immediately.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2249 Detail]

Download: Illinois-2019-SB2249-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2249 Introduced 4/9/2019, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
See Index
Creates the Access to Justice Grant Program Act. Establishes a Program and a Panel to issue and award grants to 2 community-based organizations to increase outreach, education on legal matters, and access to legal services to low-income communities of color. Requires the organizations to act as fiscal agents. Provides for the recruitment and training of community navigators to conduct legal screenings. Requires the Governor to include a $10,000,000 appropriation for the Program in the annual State budget. Contains provisions concerning: grant application requirements; a grant review committee; financial audits; and other matters. Amends the Children and Family Services Act. Provides that, if a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on well-child visits, including immunizations, or there is a documented religious or medical reason the child is not immunized. Requires the Department to complete, before a child's discharge from foster or substitute care, a home safety checklist regarding the child's home. Requires any aftercare services to a child and his or her family to start on the date the child is returned to the custody or guardianship of the parent or guardian. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter and there is a prior indicated report of abuse or neglect and a prior open service case involving a member of the household, the Department must accept the report as a child welfare services referral. Requires the Auditor General to conduct performance audits on the Department. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
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
Access to Justice Grant Program Act.
Section 5. Legislative findings. The General Assembly
finds that:
(1) The Department of Homeland Security reported a 171%
increase in the arrest and detention of undocumented
immigrants with no criminal record over the last 2 years.
(2) In Illinois alone, 525,000 undocumented
immigrants, including 40,000 immigrants with temporary
protected status and 42,000 immigrants with DACA status
under the Deferred Action for Childhood Arrivals program,
are at risk of deportation and being separated from their
families.
(3) As of December 2018, about 71,000 adults and
juveniles were incarcerated in various facilities across
Illinois, including 40,872 individuals in Illinois
State-operated facilities and approximately 23,000
individuals incarcerated in local jails.
(4) On February 11, 2019, Governor Pritzker unveiled a
justice reform initiative and said, "It's time to reduce

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the recidivism rate and reentry through a holistic approach
that addresses opportunity both inside and outside of our
prisons".
(5) Completing a prison sentence is only the first step
in a long road to reentry into society.
(6) Many formerly incarcerated adults struggle to find
jobs and housing because of their criminal history, even
when records are expungeable.
(7) Illinois' vulnerable communities of color also
experience mental health challenges at higher rates,
including depression, anxiety, acculturative stress, and
trauma.
(8) The mental health needs of this population are
high, yet many are unable to access mental health services
due to lack of health insurance, transportation, or
cultural or language barriers.
(9) These insecurities and challenges facing
low-income communities of color have a large effect on the
State's economy and on the ability of employers to find and
retain employees.
(10) In response to some of these challenges, the City
of Chicago established and funded a successful Legal
Protection Fund and Community Navigator Program. The
program has strengthened existing community-based
organizations and trained 400 community navigators (such
as majority immigrant women: Latinos, Asians, and

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Africans.) who have reached over 50,000 individuals
through mass Know Your Rights trainings and have connected
immigrant families and persons classified as DREAMers
under the Development, Relief, and Education for Alien
Minors Act to free community-based legal services. The
community navigators were supported by attorneys.
(11) Chicago's Community Navigator Program increased
the rate of immigrants with legal representation from 30%
to 59% with $1,300,000 while New York increased
representation from 50% to 61% with $10,000,000 according
to an independent study conducted by Syracuse University.
(12) Adequate funding is necessary to ensure Illinois'
communities of color, including immigrants,
African-Americans, and returning citizens, know their
rights and have access to legal support and social and
mental health services.
Section 10. Definitions. As used in this Act:
"Legal services" means legal aid services rendered to
individuals, including legal consultations, representations at
expungement proceedings, and representation before the U.S.
Citizenship and Immigration Services, the National Visa Center
within the U.S. Department of State, the Executive Office of
Immigration Review within the U.S. Department of Justice, the
U.S. Immigration and Customs Enforcement, and any other
immigration related agency or office.

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"Community navigator" means an individual formally trained
by a qualified nonprofit community organization to educate and
inform individuals on a specific subject matter.
"Grant Panel" means the Access to Justice Grant Program
Panel created under Section 15 to review and administer grant
applications.
Section 15. Access to Justice Grant Program.
(a) The Access to Justice Grant Program is created for the
purpose of issuing, subject to appropriation, grants to 2
nonprofit, community-based organizations to serve as fiscal
agents and increase outreach, education on legal matters, and
access to legal services to low-income communities of color,
including immigrant and African-American populations.
(b) There is created the Access to Justice Grant Program
Panel. The Grant Panel shall consist of the following members:
(1) 2 co-chairs, one of whom shall be appointed by the
principal sponsor of this Act in the House of
Representatives and one of whom shall be appointed by the
chief co-sponsor of this Act in the House of
Representatives;
(2) 2 members, one of whom shall be appointed by the
principal sponsor of this Act in the Senate and one of whom
shall be appointed by the chief co-sponsor of this Act in
the Senate; and
(3) one member appointed by the Governor.

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(c) The Department of Human Services shall provide staff
and administrative support to the Grant Panel. Members of the
Grant Panel shall not receive compensation for their service on
the Grant Panel but shall be reimbursed for necessary travel
expenses incurred in the performance of their duties.
(d) On or before July 1, 2019, nonprofit, community-based
organizations that meet the requirements outlined in Section 20
may apply to the Grant Panel for a grant under this Act.
(e) Subject to appropriation, on or before August 1, 2019,
the Grant Panel shall award grant funds, in an amount to be
determined by the Grant Panel, to 2 nonprofit, community-based
organizations, as set forth in this Section.
(f) For State Fiscal Year 2020, the Governor shall include
in the annual State budget for the Access to Justice Grant
Program an appropriation of $10,000,000 which shall generate a
one-to-one match from private employers and philanthropic or
non-profit groups.
Section 20. Grant application; grant review committee.
(a) Grant applicants shall use the grant application format
prepared and made available by the Grant Panel for this
purpose. The applications shall be available on the Department
of Human Services' website.
(b) To apply to be a fiscal agent and receive a grant under
this Act, an applicant must be a nonprofit, community-based
organization that provides legal services to meet the unique

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legal needs of the targeted populations. A fiscal agent that
provides immigration services must:
(1) have previous experience in serving as a fiscal
agent;
(2) have an in-house community navigator program;
(3) have previously trained other organizations in the
community navigator program;
(4) have headquarters in a census tract where at least
75% of the population is from a community of color; and
(5) be recognized by the Department of Justice to
practice immigration law.
(b-5) A fiscal agent that provides services to
predominantly African-American communities must:
(1) have a pre-existing in-house community navigator
program;
(2) have a pre-existing program supporting formerly
incarcerated individuals with legal and social services;
(3) have a pre-existing Know Your Rights education
program with at least monthly seminars;
(4) have a formal relationship with a community bond
fund;
(5) have headquarters in a census tract where at least
75% of the population is African-American;
(6) have a pre-existing relationship with 3 or more
private law firms (whose main offices are located in a
census tract where at least 75% of the people are

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African-American) that provide pro bono legal services;
and
(7) have a pre-existing relationship with an
organization that works with incarcerated individuals and
survivors of domestic and sexual violence.
(c) Each fiscal agent must fund and train 10
community-based organizations throughout the State to recruit
and train community navigators to reach and inform 20,000
Illinois low-income and vulnerable individuals living in
communities of color on Know Your Rights, expungement
processes, mental health services, and immigration legal
services.
(d) Each fiscal agent must fund and train 10
community-based legal service organizations that will conduct
5,000 legal screenings for low-income and vulnerable
communities of color.
(e) At least one fiscal agent must be able to work with
mental health organizations to implement 4 pilot
community-based mental health programs.
(f) Each grant applicant shall:
(1) describe itself, indicate whether it is a
nonprofit, community-based organization, and provide its
legal status and a summary of its mission;
(2) be authorized to conduct affairs in the State of
Illinois;
(3) designate that it is applying for a grant to ensure

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access to legal services in low-income communities of
color, including immigrant and African-American
populations; and
(4) have a partnership with business associations to
reduce barriers to employment, provide certified training,
and address labor shortage for Illinois employers.
(j) Each grant application shall include a detailed,
narrative statement describing the proposed use of the grant
funds. Each grant applicant shall also provide:
(1) the name and contact information of the Director of
the nonprofit, community-based organization;
(2) a description of the applicant's ability to
administer the grant;
(3) a project title;
(4) a project description;
(5) a description of the applicant's
request-for-proposals process and any other process used
for selecting sub-grantee organizations;
(6) the applicant's target audience and needs;
(7) a project schedule;
(8) methods for evaluating outcomes; and
(9) the applicant's proposed budget and a detailed
explanation of expenses.
Grant applicants must demonstrate in their grant
applications that they have satisfactorily met all
requirements set forth in this Section, and that they possess

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the administrative capacity to perform the purposes of the
Access to Justice Grant Program and the fiscal and reporting
functions stipulated in this Section.
(k) The Grant Panel may deny a grant application if the
requirements of this Section are not met or are inadequately
met. The Grant Panel shall not discriminate on the basis of
race, color, religion, gender, age, national origin,
disability, marital status, sexual orientation, or military
status in the awarding of grants.
(l) Grant applications that are not submitted in the
required format by July 1, 2019, as set forth in subsection (d)
of Section 15, or that are not completed, shall not be
considered for funding by the Grant Panel.
(m) The grant application process shall be competitive. A
grant review committee shall review all grant applications and
make recommendations to the Grant Panel regarding the selection
of grant award recipients.
(n) The grant review committee shall consist of one
representative from the Department of Human Services, and, at
the discretion of the Grant Panel, any other additional
qualified reviewers. Any additional reviewers shall be
selected based on their academic qualifications and their
vocational and volunteer experience related to the subject
matter of the grant.
(o) No person shall serve on the grant review committee if
that person:

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(1) is applying for a grant under this Act;
(2) is employed by any entity applying for a grant
under this Act;
(3) has an ownership interest in or receives income
from any entity applying for a grant under this Act; or
(4) is related more closely than the 5th degree of
consanguinity (second cousins) to an owner or employee of
any entity applying for a grant under this Act.
(p) Members of the grant review committee shall
independently consider the following criteria and assign
weighted scores up to the total amount of points indicated:
(1) Requirements. Does the nonprofit meet the
requirements as outlined in Section 20? (500 points)
(2) Abstract. Does the project overview appropriately
communicate the proposed project? (25 points)
(3) Administrative capacity. Does the applicant have
adequate experience and qualifications to accomplish the
proposed project? Is the applicant a known and trusted
voice in the community to be served? (100 points)
(4) Project description. Has the applicant provided a
comprehensive description of the project, including
details about methods, activities, and services to be
provided in light of the legislative findings under Section
5? (200 points)
(5) Connection to employers. Has the applicant stated
how this program will partner with trade and business

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associations to reach the workforce and to increase the
pipeline of available workers to fill high and low skilled
employment positions? Does the application include at
least 3 letters of support from Illinois trade or business
associations? (100 points)
(6) Capacity building. Has the applicant described how
it will build capacity for smaller nonprofits to be able to
achieve their goals, including training, technical
assistance, and coordination with public and private
entities? (300 points)
(7) Target audience and need. Has the applicant
identified the intended audience and its need for services
proposed? Has the applicant set forth a plan for
identifying and reaching target communities? (500 points)
(8) Project schedule. Does the applicant's timeline
clearly illustrate appropriate scheduling of the proposed
actions and activities? (50 points)
(9) Evaluation. Is the methodology and strategy that
the applicant will use to evaluate the success of the
project reasonable? (25 points)
(10) Budget. Is the proposed budget reasonable,
necessary, appropriate, and adequate to perform the
proposed services? (100 points)
(q) For purposes of this grant application and review
process:
(1) Two organizations shall serve as fiscal agents.

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Fiscal agents then must sub-grant as provided in this Act
and in with the approval of the Department of Human
Services.
(2) All grant applicants shall be notified whether or
not their application has been approved. The decision of
the Grant Panel regarding the award of grants under this
Section is final.
(3) The Grant Panel shall notify the submitting entity
when an application is approved. All approved applicants
shall enter into a grant agreement provided by the Grant
Panel before any grant funds are distributed.
Section 25. Grant reporting requirements.
(a) As stipulated by the grant agreement, the following
reports shall be completed and transmitted to the Department of
Human Services by each grant recipient:
(1) monthly narrative and financial reports that
identify by line item all expenditures made from grant
funds;
(2) a final financial report showing all expenditures
of grant funds and the return of any unexpended grant
funds; and
(3) a final narrative report evaluating the degree to
which the grantee achieved the goals and objectives of the
project.
The Grant Panel may request additional information and data

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from any grant applicant.
(b) Grants awarded under this Section are subject to the
Grant Accountability and Transparency Act. The Grant Panel
shall not consider grant applications submitted by entities
that are included in the Illinois Debarred and Suspended List
maintained by the Governor's Office of Management and Budget.
(c) Grant recipients shall maintain books and records
relating to the expenditure of grant funds. Books and records,
including information stored in computer systems, shall be
maintained by the grant recipient for a period of 3 years from
the later of the date of the final grant payment or the
completion of the projects for which the grant was issued.
(d) Books and records required to be maintained under this
Section shall be available for review or audit by the
Department of Commerce and Economic Opportunity, the Attorney
General, or the Auditor General. Failure to maintain books and
records required by this Section shall establish a presumption
in favor of the Grant Panel for the recovery of any grant
funds, attorney's fees, and costs paid by the Grant Panel or
its designee.
(e) Grants made under this Section are subject to the
provisions of the Illinois Grant Funds Recovery Act. Actions
brought under that Act may include, but are not limited to, a
grant recipient's: (i) failure to spend funds in accordance
with the application or any approved amendment to the
application or (ii) failure to comply with reporting procedures

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stipulated in this Section. If a provision of this Section
conflicts with a provision of the Illinois Grant Funds Recovery
Act, then the provision of the Illinois Grant Funds Recovery
Act controls.
(f) Obligations of the Grant Panel to fund the Access to
Justice Grant Program shall cease immediately without penalty
or further payment being required if the funds for the grants
are not available to the Grant Panel.
Section 30. The Children and Family Services Act is amended
by adding Section 7.8 as follows:
(20 ILCS 505/7.8 new)
Sec. 7.8. Home safety checklist; aftercare services;
immunization checks.
(a) As used in this Section, "purchase of service agency"
means any entity that contracts with the Department to provide
services that are consistent with the purposes of this Act.
(b) Whenever a child is placed in the custody or
guardianship of the Department or a child is returned to the
custody of a parent or guardian and the court retains
jurisdiction of the case, the Department must ensure that the
child is up to date on his or her well-child visits, including
age-appropriate immunizations, or that there is a documented
religious or medical reason the child did not receive the
immunizations.

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(c) Whenever a child has been placed in foster or
substitute care by court order and the court later determines
that the child can return to the custody of his or her parent
or guardian, the Department must complete, prior to the child's
discharge from foster or substitute care, a home safety
checklist to ensure that the conditions of the child's home are
sufficient to ensure the child's safety and well-being, as
defined in Department rules and procedures. At a minimum, the
home safety checklist shall be completed within 24 hours prior
to the child's return home and completed again or recertified
in the absence of any environmental barriers or hazards within
5 working days after a child is returned home and every month
thereafter until the child's case is closed pursuant to the
Juvenile Court Act of 1987. The home safety checklist shall
include a certification that there are no environmental
barriers or hazards to prevent returning the child home.
(d) When a court determines that a child should return to
the custody or guardianship of a parent or guardian, any
aftercare services provided to the child and the child's family
by the Department or a purchase of service agency shall
commence on the date upon which the child is returned to the
custody or guardianship of his or her parent or guardian.
However, if multiple children are returned at different times
to the custody or guardianship of the parent or guardian,
aftercare services shall commence on the date upon which the
last child returns home.

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(e) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a follow-up
performance audit to determine whether the Department has
implemented the recommendations contained in the initial
performance audit. Upon completion of each audit, the Auditor
General shall report its findings to the General Assembly. The
Auditor General's reports shall include any issues or
deficiencies and recommendations. The audits required by this
Section shall be in accordance with and subject to the Illinois
State Auditing Act.
Section 35. The Abused and Neglected Child Reporting Act is
amended by adding Section 7.01 as follows:
(325 ILCS 5/7.01 new)
Sec. 7.01. Safety assessments for reports made by mandated
reporters.
(a) When a report is made by a mandated reporter to the
statewide toll-free telephone number established under Section
7.6 of this Act and there is a prior indicated report of abuse
or neglect and a prior open service case involving any member
of the household, the Department must, at a minimum, accept the

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report as a child welfare services referral. If the family
refuses to cooperate or refuses access to the home or children,
then a child protective services investigation shall be
initiated if the facts otherwise meet the criteria to accept a
report.
As used in this Section, "child welfare services referral"
means an assessment of the family for service needs and linkage
to available local community resources for the purpose of
preventing or remedying or assisting in the solution of
problems which may result in the neglect, abuse, exploitation,
or delinquency of children, and as further defined in
Department rules and procedures.
As used in this Section, "prior open service case" means a
case in which the Department has provided services to the
family either directly or through a purchase of service agency.
(b) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a follow-up
performance audit to determine whether the Department has
implemented the recommendations contained in the initial
performance audit. Upon completion of each audit, the Auditor
General shall report its findings to the General Assembly. The
Auditor General's reports shall include any issues or

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deficiencies and recommendations. The audits required by this
Section shall be in accordance with and subject to the Illinois
State Auditing Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance